H1B expired in 2009. Do i need new H1B or transferable

[lucerne]

My H1B expired in 2009. Since then i have been working in India. I received a job offer from USA employer. Do i need to file a new H1B or my expired H1B is transferable?

appreciate your responses ..

[pontevecchio]

A transfer is also a new H1 and usually a term used to change H1 employers in the USA. Your choice is a full 6 years in total of H1 based on a cap subject H1 or the remainder of 6 years minus your existing time in H1 status in the past but not subject to cap.

In every case irrepective of terminology changing a H1 sponsor ALWAYS involves a new H1 petition filing..cap or non cap as explained above.

[Attorney_10]

Generally, if an H1B worker has spent a full one year outside the U.S. s/he may opt to either be counted agains the numerical H1B cap again or use the remaining time left in the original 6 years of H1B time. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and to determine whether your petition will be cap subject and the timing for filing.