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  • Expired H1B

    Dear Forum,

    My first H1B was stamped on Jan 31, 2007; returned to home country in September 2008 and my H1B expired in December 2010; used only 2 years on my H1B,

    Now I want to move to the US and find employment opportunities, I was wondering if my new employer would need to file a new H1B or just an H1B transfer petition?

    This information is important as I need to tell my employer if they need to file a new H1B for which applications will start getting accepted in April this year,

    Many thanks

  • #2
    Originally posted by serena_kohli View Post
    Dear Forum,

    My first H1B was stamped on Jan 31, 2007; returned to home country in September 2008 and my H1B expired in December 2010; used only 2 years on my H1B,

    Now I want to move to the US and find employment opportunities, I was wondering if my new employer would need to file a new H1B or just an H1B transfer petition?

    This information is important as I need to tell my employer if they need to file a new H1B for which applications will start getting accepted in April this year,

    Many thanks
    You are eligible for a cap-exempt petition. It can be filed at any time and an immediate start date can be requested. Overall, you are eligible for 6 years minus the time spent in the US in H1 or L1 status.
    This is my opinion and not legal advice.

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