H4 or H1B transfer(previously approved)

[whyjob]

Hello All,

This forum is very useful and have been a silent follower till now.

I was previously working in USA on a H1B visa valid until '14 . Due to personal reasons I had to move to India last year.

Now I will need to come back to the USA since I will be getting married to a guy in USA on a H1B

1. Can I transfer my old H1B to a new employer

2 .If I need to come to USA and then search for a job , should I come on H4 or visitor visa ?

3. Will coming on H4 invalidate my H1B .?

4 Will my potential new employer have refile my H1B ?(will I be counted in the H1b cap)

Thanks in advance for your help

-Regards,

[rrr2008]

Since you are not currently working on H1B and moved to India last year, it is better that you come to United states on H4 visa and then apply for change of status from H4 to H1B with a new employer. He can refile your H1b and you won't be counted under H1B Cap since you already had a H1.

My suggestion is better to come to United Stated on h4 and apply for CoS.

[pontevecchio]

how many years have you been in H1 status in the past?