H1B expired - 4 years total with extension - Options?

[karthik2013]

I have worked in US for 4 years as EB2 status. I-140 priority date Nov 2010.

I got my first H1B for 3 years after which I applied for extension. Extension was for 1 year. For 10 months during the extension, I was out of US and my extension expired last year in October. I have lived in US on H1B for just a bit over 3 years.

Please help me clear my doubts:

1. What are my best options now? File for a transfer? How long of a stay on H1B will I get through transfer?

2. Would filing a new application be better/easier?

3. Will I be cap-exempt and can I file at anytime?

Please provide your expert suggestions. Many thanks in advance.

[rahul412]

I have worked in US for 4 years as EB2 status..

EB2 status?? what is that??

[karthik2013]

Sorry, my green card was filed as EB2. I have been on H1B throughout.

[karthik2013]

I meant my green card is filed on EB2. Sorry for the confusion. Worked in US on H1B.

[pontevecchio]

1. Brevity is the soul of wit. But something called too brief. Just kidding. You cannot file anything. Find an employer who will file your H1 petition for the remainder option of 6 years minus time already spent in H1 status.

2. It is always a new application . A "transfer" is also a new application but non cap.

3. You would be cap exempt though your employer would file.

Why is the GC sponsor not asking you to work for him in H1 status?

[karthik2013]

many thanks for your prompt reply and willingness to help. I meant about my employer filing for me, now I read it came out all wrong. :)

GC sponsor terminated contract once I had visa issues during stamping - a new employer is willing to now support my case.

if a new application is filed without transfer, can it be at anytime or during October only? seems transfer would be a better option though wouldn't it, as I have about 30 months remaining on it?