Fresh H1B or H1 Transfer?

[Tiya]

I worked on H1B visa for 3 years in the USA. 

I left my job and then moved to Europe for perrsonal reasons and later found a job with an euopean company. 

After 1 year , I moved to India and did not work. 

I am in India now .

If I want to work in the USA again then do I have to be a fresh H1B applicant out of the new slot of 65000 ?

OR

Out of the 6 years span of H1 B, I can use 3 years which are left ? I mean H1 transfer ?

 

[JoeF]

If you have been out of the US for more than a year, you have the option of either having an H1 filed at any time and get the remainder of the 6 years, or having an H1 filed in the quota and get a new full 6 years.

[jairichi]

An employer can file a cap exempt H1B petition and you are eligible for 3 years.

[praju]

Hi,

 

I had self sponsered my H1B by paying my employer(company A). I can pull up the bank statement for a proof.

 

While, receiving the petition, We had an agreement between me and A that I will have to work for my A for 18 months, cannot not join client. Else, I will have to pay penalty of $25000 to A. Also notice period is 2 months. Employer had emailed me a soft copy of the agreement(2 page document), I signed it and sent him back to get the petition for visa stamping. I got it stamped successfully.

 

I paid for my travel to US from India, initial accomodation, etc. No training was provided either. I found a project myself and notified my employer to finalize the commercials to start with the project.

Now I am working for A client through same employer A since 1 month. Now, I have a better full time oppurtunity.

 

1. Would this contract stop me in moving out of A and joining new employer B ?
2. Is that notice period valid ? Once I get my H1 Transfer receipt notice, can I just resign and move out as he has not helped me in anyways other than paying me salary?

Thanks

[jairichi]

1. Possible.

2. Yes.

 

You need to talk to an attorney.