Regarding H1 transfer

[kk10]

Hello Gurus,

My H1B petition I-797 was approved in 2009 for 1 year from reputed Indian firm.I got my visa stamped and it expired in 2010. I have two questions:

1. If any good company applies for H1 by next year, Do I need to transfer my H1 or do I need to apply for fresh H1?

2. For new petition Do I fall under 65k cap of 2009 or I come under new cap 65k of 2013?

Thanks,

Kumar.

[SameerH1Bworker]

1. If any good company applies for H1 by next year, Do I need to transfer my H1 or do I need to apply for fresh H1

- There is not term like H1 transfer. H1 transfer is nothing but new H1B petition with your petition number of previous approved H1B.

2. For new petition Do I fall under 65k cap of 2009 or I come under new cap 65k of 2013?

- If you've not completed your 6 years of H1B then you can opt out from 65K, it depends on you & your company.