H4 to H1 transfer ( Previously had H1)

[AnuradhaShukla]

Hello,

I am on H4 visa currently. I worked on H1B visa in 2010 but later the company i was working for had a lay off and I had to transfer my H1 visa to some other company, but USCIS asked to get the stamping first to start working. I went to India in 2011 for H1 stamping but my H1B visa was denied. So I had to come to US on H4. My Husband is on H1B and working as a fulltime employee.

Now I want to start work again, I have some doubts -

1) Since I had H1B before, am i free from the quota ?
2) My H1B was denied, still can i transfer my H1B to a company and start working ?
3) After the H1B transfer do I need to get stamping before start working ?

Suggestions would be appriciated.

Thanks

[kadkhiq81]

H4 to H1 transfer ( Previously had H1)

1. Yes, You are.
2. Yes, However you are not reason for the previous denial. If it was for that employer, then you need to find the best employer to transfer .
3. Once the transfer approved, then you can apply for COS to H1 to work. If they are asking again to go for stamping, then you have to go for stamping to come back on h1.

This is my opinion.