H1B transfer after stamping has expired


poojashanbhag

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Hello all,

My H1B has 15 months of unworked period. It was stamped till Mar 2010 through a consultancy. However, I returned in 2009 to India. Now, I aspire to go again and am going through interviews. Now, the company (not the same consultancy), who hires me, will need to transfer my H1B for the underutilized period or will they have to file a new H1B.

Also, if it is new H1B (this one would be my third one), will it fall under cap ?

Please let me know ... thanks a lot, in advance for your reply !

Pooja.

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