H1 first approved in 2006, do I need go through fresh application or transfer?

[zandu]

My H1B was first approved in 2006 and I worked in US between Oct 06 to Sept 09, completing my three years for visa. I did not intend to stay in USA and therefore did not apply for extension. Now in Sept 2012, I again want to take up a job in USA. My question is whether my approval from 2006 be of any help and can my next employer use the same approval and file my H1B petition? Or will the new employer need to file a fresh case in next year's quota?

I want to start working for the new employer asap, but going through the next year's H1B quota would delay my joining by a year and may not remain feasible.

[pontevecchio]

Your new employer needs to file a new H1 petition for you which is non cap and on approval you can get the visa and come over. You are entitled to a total of 3 years in H1 status, being the remainder of your total of 6 years.

[guy_mu1]

Sorry for putting a different question here. My wife has the same case as zandu. The only difference is that her H1 is stil valid but she is coming with me on H4. After few months she is planning to get a job in US. Can she do that? or what if during H4 stamping consulate put cancelled on her H1.

[kattu786]

Sorry for putting a different question here. My wife has the same case as zandu. The only difference is that her H1 is stil valid but she is coming with me on H4. After few months she is planning to get a job in US. Can she do that? or what if during H4 stamping consulate put cancelled on her H1.

She can file a COS after entering on H4.

[guy_mu1]

Thank you kattu. But what is COS? And has it to be filed by us or the new company?

[NET]

Thank you kattu. But what is COS? And has it to be filed by us or the new company?

Hi please let me know the results of your wife..was she able to have a Change Of Status(COS) from H4 to H1.. Please share your experience.