H1B transfer or fresh applicant

[justdoit_9]

Hello,

I have been in the US since 2001.I did my Masters too in the US. I got my initial H1 in Jun 2006. And subsequently got the H1 renewed for the full quota of 6 yrs until Aug 2012. But in Oct 2010 I had to come back due to a few personal reasons. And, I am outside of US for more than a year now.

I spoke to a Consultant a couple of days back, and he mentioned that since I had the original Visa until 2012 and also as I am outside of US for more than a year, I could apply anytime and would get a fresh H1 which will be valid for 6 yrs under H1 transfer and not as a fresh H1 applicant. He mentioned that I can apply anytime and need not wait till Oct to come.

I would like to know if what he said is true.

Please let me know as soon as possible.

Thank you

[JoeF]

A fresh H1 for a full 6 years would always be under the quota.

I suggest you find a better employer, one who actually has a clue.

[justdoit_9]

Thanks JoeF. I am in the process of finding the right answer. I thought to put a question here too as there are great people to answer or have a clue..