Need New H1B or H1B transfer

[ashes2010]

Hello Experts,

I worked in US from Oct 2009 to May 2011 on H1B visa. In May 2011 I came to India for my H1B stamping and my stamping got rejected because of employee-employer relationship.

Now new employer wants to file my H1B now in January 2013. Is this case going to be new H1B or H1b transfer??

Do I need to wait till April 2013?

Thanks,
Ashes2010

[milan_028]

Hi

It can be H1B Transfer as well as you can apply in April 2013 in new Quota. Since you Hold I797 earlier you can apply for H1 Transfer as far as i know.

[raghvi]

If you apply using the old petition i.e. transfer the H1 petition to the new employer you will most probably get 6 minus the years already spent in US. If you wait till April 2013 with start date of Oct 2013 you can get fresh 6 Years H1.

This is my opinion not legal advice.