H1B>F2>H1B. Transfe or new application?

[Anny11]

Hello,

 

My previous employer sponsored my H1B (valid from December, 2010, 3 years). I lost my job at May 2013. Then I transferred to F2.

Question: If I find a potential new employer,

 

1. What is the difference between my case and people who switch jobs without any gaps? Is my unemployment history and F2 status in past several months make my case complex?

 

2. I heard "H1B transfer" around. Is my case a transfer? Or a new H1B application?

 

3. If it is a transfer, is it means I only have 6 months remaining from mine 3 years’ time? Does my new employer need to file an extension very soon?  

 

4. If it is a new application, is it subject to the H1B Cap?  Can I start to work after I get a receipt? Or must I wait for a formal approval and I-94?

 

I appreciate your kindly help. Many thanks.

[jairichi]

Hello,

 

My previous employer sponsored my H1B (valid from December, 2010, 3 years). I lost my job at May 2013. Then I transferred to F2.

Question: If I find a potential new employer,

 

1. What is the difference between my case and people who switch jobs without any gaps? Is my unemployment history and F2 status in past several months make my case complex?

 

2. I heard "H1B transfer" around. Is my case a transfer? Or a new H1B application?

 

3. If it is a transfer, is it means I only have 6 months remaining from mine 3 years’ time? Does my new employer need to file an extension very soon?  

 

4. If it is a new application, is it subject to the H1B Cap?  Can I start to work after I get a receipt? Or must I wait for a formal approval and I-94?

 

I appreciate your kindly help. Many thanks.

1. Yes, it is a possibility as dual intention is not allowed in F2 unlike H1B.

2. There is nothing called transfer. It is going to be a cap exempt H1B petition

3. Not really, as your new cap exempt petition comes with an extended time based on employer's requirements

4. You need to wait for approval to begin work even though it is a cap exempt petition