H1b portability

[rvw]

Hi
My H1b is expiring in march 2009..If a new employer has to apply for my H1 after it expires would it be considered as a new H1 and go through the quota or will be exempted from the quota and granted the H1 without goin thru the H1b cap? I am really confused. Please help!

[Subramanya]

H1B transfer

My H1b is expiring in march 2009..If a new employer has to apply for my H1 after it expires would it be considered as a new H1 and go through the quota or will be exempted from the quota and granted the H1 without goin thru the H1b cap? I am really confused. Please help!

---- If the 6 years of your H1B are expiring in March 2009 then you have to leave the country and stay for one year outside the US and then reapply for H1 in the lottery system. Thisa H1 will be subjected to H1B cap and coming under the quota system

---- If there is some time left on the H1 (for example 2 years) then you can apply for a transfer to the new employer and the application process is the same as that of a new H1 applicaiton excepting that since 6 years are not completed they give you H1 for the remaining period of 6 years. This transfer of H1 will not be coming under H1B cap

Subramanya

[rvw]

Hey thanks a lot for ur replies..This is after the initial 3 yr period that my H1 would be expiring..so would the same rule apply or can my new employer just file for a regular transfer?

[txh1b]

It could be overlapping between employers like this:

Employer 1: =====================
Employer 2: ...........................====================


Or match end to end which is not practically possible without risking one's status in an attempt to make end dates match.

Employer 1: =====================
Employer 2: .....................................======================= =

Irrespective of it, you will have a total of 6 years to use which can be obtained by means of multiple extensions.