kumar4838 Posted July 7, 2011 Report Share Posted July 7, 2011 My H1B expired on June 2010 and went back to India and came to US on July 2011 on H4. I utilized my previous H1 only for 6 months. Can I now transfer previous H1B to another company and start working right away OR Do I need to go for new H1 and wait till Oct 2011 to Work. Please help!!!!! Link to comment
Attorney_7 Posted July 10, 2011 Report Share Posted July 10, 2011 Generally, one does not have to be counted against the numerical cap if he/she has been counted against the cap in the past six years and still has time left in the 6 year limitation. Please note that not all “new H1b petition†is a cap case. If an H1b petition is being filed for a new job, the petition must indicate that it is “new employment.†This does not automatically subject the petition to the cap. Link to comment
kumar4838 Posted July 14, 2011 Author Report Share Posted July 14, 2011 Hi, Thank you very much for response. From your response, I assume that we can file "new H1B Petition" and start working without waiting till Oct 2011. Could you please confirm. Link to comment
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