H1B withdrawal, now if I apply new H1B is it comes into new Quota or just a Transfer.

[rajum28]

Hi,

I have spent around 4 years (in 6yrs H1B status) in US with valid H1B. My employer withdrawal my H1B (it is in Aug 2009). After that I came back to India.

Now, if I apply H1B again – I will come into New H1B which comes in to quota or it going to H1B Transfer.

Please suggest me.


Thanks.
Raju

[raghvi]

Hi,

I have spent around 4 years (in 6yrs H1B status) in US with valid H1B. My employer withdrawal my H1B (it is in Aug 2009). After that I came back to India.

Now, if I apply H1B again – I will come into New H1B which comes in to quota or it going to H1B Transfer.

Please suggest me.


Thanks.
Raju

Upto you. If you use the petition, any employer can file a cap exempt petition with an immediate start date but, if approved, you will get only 6 minus 4 Years (time already spent).
If you apply new H1, it can begin only from 01-Oct-2014, if approved , you can potentially use the new cap for 6 Years.

This is my opinion not legal advice.