Getting another H1-B

[test2010]

Hello,

1. I used to work in the US.

2. During that time I got a I-797A form from the US Govt that shows that I
have the H1-B visa (work permit) valid till 06/08/2011.

3. My H1-B stamp on the passport expired in Oct 2009.

4. I quit my job in the US in NOV 2009 and came back to India.

5. I will soon be getting a job offer from a different US company.

6. Will I be able to use the I-797A from the previous stay in the US to get a
H1-B stamp on my passport at the US embassy as a H1-B transfer from
the previous employer to the new employer? Won’t this be a problem as I
have been in India for the last 7 months?

7. Or will I have to again apply for a completely new H1-B? And will go
through the process of the cap of 65k visas for 2010?

8. What will be the fastest way for me to get back to the US with the new
employer on H1-B visa considering the above points?

9. Conceivably what will be the earliest date I can enter the US on H1-B and
start working for the new employer considering the above points?

Thanks!

[kabkaba]

Hello,

1. I used to work in the US.

2. During that time I got a I-797A form from the US Govt that shows that I
have the H1-B visa (work permit) valid till 06/08/2011.

3. My H1-B stamp on the passport expired in Oct 2009.

4. I quit my job in the US in NOV 2009 and came back to India.

5. I will soon be getting a job offer from a different US company.

6. Will I be able to use the I-797A from the previous stay in the US to get a
H1-B stamp on my passport at the US embassy as a H1-B transfer from
the previous employer to the new employer? Won’t this be a problem as I
have been in India for the last 7 months?

--Your new employer needs to file a petition. If approved, you must use the new approval notice to obtain a visa and enter the US to work for the new employer.

7. Or will I have to again apply for a completely new H1-B? And will go
through the process of the cap of 65k visas for 2010?

--You are exempt from cap until you spend 6 years in the US in H1 status.

8. What will be the fastest way for me to get back to the US with the new
employer on H1-B visa considering the above points?

--Your new employer may apply for premium processing by paying $1000 extra, that is the only step that can be expedited. Rest you must do as outlined above.

9. Conceivably what will be the earliest date I can enter the US on H1-B and
start working for the new employer considering the above points?
--Read above.
Thanks!

Answers above.