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Need Advice on H1B Transfer Situation

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  • Need Advice on H1B Transfer Situation

    I used to work for an employer 'A' on a H1B status in US until about a month ago. I resigned from that job and returned to India about 30 days ago. Now I am back in India and I have received a job offer from another employer who is willing to sponsor my H-1B. The H1B Visa from my previous employer is valid uptil Dec 2015 (~meaning I haven't used up all of the allotted 6 year period from my previous H1B). The question will my case be treated by USCIS like a fresh H1B case with a start date of Oct 1, 2013 or I will not be subject to cap and start date restrictions since I have already had H1B in the past? Please advise. Thanks!