H1b transfer or new H1b?

[Khushi18]

Dear friends,

 

I am in a situation and I need your valuable input.

 

I worked for company A for about 5 years and then joined company B and worked for about one year. Last month, I applied for H4 and got the receipt number. H4 is still under process and I have stopped working for company B since july 31, 2015, the date of H4 receipt. Company B has NOT cancelled H1b.

 

Now I want to join company A again.

 

I have valid H1b stamp in the passport for company B till March 2017.

 

what are my options here?

 

1. Can I apply for new H1b for company A pending H4 petition? or I have to wait till h4 gets approved and then apply for H1b

2. If my new H1b for company A gets approved then what will be my status between July 31 till new H1b approval since I am not working?

3. Can I simply transfer H1b from company B to company A? or I have to apply for new H1b?

 

Thank you.

2.

[jairichi]

1. Employer A can file anytime.

2. You are in valid and legal status based on your H4 receipt notice.

3. It is a cap exempt H1B petition provided you have not reached the maximum allowed of 6 years stay on H1B status.

[Khushi18]

thanks jairichi,

 

I have already used 7.5 years of H1b but I have approved I 140 from company A. Will my new H1b from company A be considered cap? Company A told me that my H1b will be cap exempt as long as I am not more than three years out from previous H1b status. Please clarify. Thanks.

[jairichi]

thanks jairichi,

I have already used 7.5 years of H1b but I have approved I 140 from company A. Will my new H1b from company A be considered cap? Company A told me that my H1b will be cap exempt as long as I am not more than three years out from previous H1b status. Please clarify. Thanks.

Company A knows nothing. You will be cap exempt only if your I140 is still valid.

[Khushi18]

Thanks jairichi, I 140 is still valid.