H1b visa extension/ visa transfer after I-797 expiry

[chandured9]

Hi,

I have completed my Masters degree from an American University in Computer Science in the year 2008. After which I worked on OPT and my first H1B visa got filed and approved in Jan 2011.

My current I-797 with an employer XY got expired on June 10th 2013. In the month of May 2013 I got an offer from another company ZZ who could not file for my H1B visa transfer on time which they had promised to do then. Currently am on H4 visa.

Could anyone please let me know if there are any options for me to be able to file for my H1B visa extension or transfer in my current situation.

Thanks in advance.

[jairichi]

You have to find a new employer who could file a petition for COS from H4 to H1B and once approved you could start working.

[chandured9]

Thank you very much for the reply. I understand that I have to apply for COS from H4 to H1B, but my question is do I have to wait till the next year H1B general quota or could I apply for it right away once I find an employer ?

I would greatly appreciate all the suggestions and replies.

[jairichi]

Thank you very much for the reply. I understand that I have to apply for COS from H4 to H1B, but my question is do I have to wait till the next year H1B general quota or could I apply for it right away once I find an employer ?

I would greatly appreciate all the suggestions and replies.

Your new employer can file right away and no need to wait for next year's quota.

[chandured9]

Thanks again for your help. This really helps a lot to me.