Is it possible to Transfer Old (Expired) H1B to new employer?..

[Prasanna D]

I got H1B in year 2008 and laid off in 2009. since 2009, i am living in my home country, i.e. outside United states. My H1B is expired in year 2011. Can i still transfer my old H1B with new employer now? if Employer is willing to sponsor? Also do i have go file it with normal procedure or premium filing? Can i re-enter in united states with old H1B?

[Zodiac System]

You can transfer your previous approved H1b to new employer, if the new employer is willing.

For re-entering US, you will have to wait for your new H1b to be approved, go for H1b stamping and go for H1b stamping, after which you will be able to re-enter US.  Good Luck.

[Attorney_13]

In general, an individual who has been issued either an H1B visa or an I-94 card granting H1B status based on an H1B cap petition approval is cap exempt and can have a new employer file an H1B on their behalf. This still applies even if the visa or status has been granted more than 6 years ago. However, each situation is unique and it is advisable to speak with an experienced U.S. immigration attorney to discuss your specific situation.