Renew H1B through other company

[h1_qry]

Hi,
I am working in USA on H1B visa and my first H1B from XYZ company is going to expire in Oct 2008. I am going back to India in Sept for some work without applying for H1B visa renewal. If I do not renew my H1B visa from my current company and change job in India and suppose my new employer is ABC company, then my question is that can new employer ABC apply for my extension(renew) at any time in 2009 using my previous H1B?

Thanks

[VinayD]

yes. By using remainder option.

search the forum "remainder" as keyword.

[h1_qry]

Thanks Vinay. One more question, so that means my new employer ABC has to apply with remainder option and they have to get new H1B approval on their name to extend(renew) my current H1B, is this right?

[VinayD]

Yes. It will be new petition filed by your new employer which doesn't counted in cap and can be filed at any time.

[h1_qry]

Thanks Vinay.