New H1 instead of H1 Transfer

[sureshsuresh]

Hello,

I have resigned from firm "A" and Nov/28/2012 was my last day of employment. I travelled back to India on 4th of Dec/2012.

I have an existing offer from another firm "B" but now I am in India and exploring how the firm B can hire me.

H1 transfer is not an option as I am not under H1 B with firm A. My H1 is valid until September 2013.

1. Can the firm B file a new H1 under H1 B premium processing? Is there a restriction on the timeframe as to when I can join "B" ?

2. Why are people insisting on having an H1 transfer instead of filing a new H1; especially when the H1 is not under cap?

I have not seen any posts regarding this after searching through a plethora of posts in internet. Interestingly firm B and the immigration attorney that I hired, provided contrasting advise.

Appreciate your help in answering the above questions.

Regards,

Suresh

[pontevecchio]

Simple. A so called H1 "transfer" also needs a H1 petition filing and is a new H1 petition though not subject to the cap limitations. If you change jobs in the USA while in H1 status that is called a transfer. But it also means a new H1 petition has to be filed. Every H1 petitioner files a H1 petition for each employee hired in H1 status.

[JoeF]

An H1 transfer is just a new H1, anyway.

So, technically, there is no such thing as a transfer. It is ALWAYS a new H1.

[sureshsuresh]

Simple. A so called H1 "transfer" also needs a H1 petition filing and is a new H1 petition though not subject to the cap limitations. If you change jobs in the USA while in H1 status that is called a transfer. But it also means a new H1 petition has to be filed. Every H1 petitioner files a H1 petition for each employee hired in H1 status.

So firm B can file a new H1 as I am in India. I assume the H1 will be approved as it is going to be filed under premium. I need to get it stamped and go to US and join the organization.

Is this correct?

[JoeF]

If you still have a valid H1 visa stamp in your passport, you can enter with that and a copy of the new H1 approval notice. Otherwise, you need a new visa stamp.