Whether to file for Extension or Wait for Fresh H1b


h12345

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Hi Friends

I got an offer from Company A, who is willing to transfer my h1b. Earlier I had worked in US from March 2007 through July 2011 (duration 4 years 3 months on H1b). I came to India last year but could not get visa due to employee-employer relationship. I have following questions.

1. Can Company A file for h1b transfer without being subject to cap? Will previous rejection affect the transfer?

2. If my H1b transfer goes through, can another company B still file for fresh H1b subject to cap in April 2013 under following conditions

- If I get visa stamped and join Company A in US (I have already spent 1 year outside US)

- If I get visa stamped but do not join Company A

3. I joined my current employer in January 2012. Can my employer file L1 in January 2013 if H1 by company A is rejected?

Waiting for reply. Thanks in advance.

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