I797 expired. Filling H1 extension. Urgent

[UrgentQ]

Hi,

My I797 expired and I am out of country. Want to apply for H1 with new employer. Will this be under H1 quota or it will just a H1 transfer?

Need advice ASAP.

[UrgentQ]

while my stay in USA I was legal and all documents were good.

[permaudit]

I am in the same situation.

I completed my 3 years term, and my H1 Extension got deined. But my employer applied for a new petition and I got an RFE on it. In the mean time, I was planning to apply with a new employer. If I would want to apply with the new employer, would that application be counted under the cap or is it exempted?

Please let me know, its very urgent, if its not exempted, I can atleast negotiate with my current employer to reply to the RFE.

Which the best option?

Thank you!

[sivad]

yes, you can apply for transfer but if you are out of country then you need to get it stamped before you travel to US. you should have done before leaving US which would have saved lot of time and effort in getting into a new job with H1b transfer.