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H1 New Petition

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Hi, I have got first H1 valid till Jan 2013 with company A and worked with them for 1 year 6 months and then I moved to UK and working in UK since May 2011. I would like to come back to US with Company B where they can transfer my H1, But company A said they cancelled my H1. Is it possible to transfer/file new H1 petition by Company B now or do we need to wait till Oct-2012 quota? Can you pls. confirm ASAP

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There is nothing like transfer, its always a new petition. Since you were counted towards the CAP in the past, this time round when employer B files for your H1 B petition it will be cap exempt and since u are in UK right now, your petition will be approved thru consular processing, you might need to go for stamping again if your current stamp has expired and upon arrival you can start working..

You are not subject to the quota

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You have been counted for the quota in the last 6 years already, so you are not counted again.

Company B can file an h1 for you at any time.

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