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Apply new H1 petition after expiry

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  • Apply new H1 petition after expiry

    Hi,
    I had H1B with employer A which expired on 31-May-2008 (total time utilized on this petition was 2 years). I came back to India last week of May 2008 as my I-94 was expirying too on 31-May-2008. Currently I am in India. Now company B is interested in hiring me. I have 4 years left on H1

    1. Do Employer B need to apply new petition or they can still apply transfer after expiry?
    2. Can they apply anytime during the year or for new petition need to wait for H1 Cycle time
    3. Will it be consider under CAP

    Whats are the possibility of geting H1 approved petition in this case?


    If someone can advise on whats could best possibility in my case.
    Thanks.............

  • #2
    Your case is cap-exempt. You can use the remaining 4 yrs and apply any time. Read the FAQs on immihelp H section OR find similar posts.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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