Need guidence

[shi1234]

Hi All,

I have a query regarding my H1B status.I was issued H1B on 5th Dec 2007 and the expiration date was 30th Sep 2010.

I was been in US from 2008 till April 2010 during this period of time i was working with my employer, during recession time i was layed off and due to which i have to come back to India in April 2010.

In India i am working with a very big MNC company form May 2010 till now.

Now question is : Initially i had applied my H1B in CAP quota in 2007, now i am planning to apply NEW H1B in 2013.

Kindly guide me as i need to apply for new H1B again or is there any option to transfer my previous approved H1B petition to new employer, if so what are the required documents.

[wiweq]

Because you have stayed outside of USA for more than 1 year you have two choices:

1. Use previous receipt no, get cap exempted H1b, start on approval, no wait till Oct 1st, you will get (6 - H1b used) years.

2. File new H1b in next quota, wait till Oct 1st and get 6 years.

Choice is yours. In first case you don't need to wait, an employer can file your cap-exempted H1b anytime.