H1B Transfer I-140 Approved

[AmitMishra]

Hi All,

 

I have a situation, I got my first H1B in Aug, 2004 and i stayed in US from Jan 2005 Till Sep 2009. I came back to india in Oct 2009 due to sub-prime crises, but during that time i got my i-140 approved. Now i want to move back to US, i have my old petition with still 18 months left in it.

 

If i want to move back to US, do i need to file the new H1B under quota? or will i be considered under cap counted?

 

Any help would be highly appretiated.

 

Amit

[omshiv]

You are cap counted and need not worry about Quotas any more..since your I-140 is approved...your employer can extend your H1B.

[jairichi]

You are cap exempt

[omshiv]

You are cap counted and need not worry about Quotas any more..since your I-140 is approved...your employer can extend your H1B.

 

Im sorry..its a mistypo...I intended to write that you are NOT cap counted....you are good to go.

[AmitMishra]

So, does that mean, i need to find an employer to get my new petition filed?

[omshiv]

So, does that mean, i need to find an employer to get my new petition filed?

 

Yes.

[jairichi]

Yes, you are correct.