Do I need to re-enter US to work on approved H1-B transfer?

[jmurabbi]

Hi,
I got an approved H1-B in March 2012, and continued employment on it until February 2015. I had resigned from my job at that time and moved out of US after 2 weeks. My H1-B got expired in December 2015.
Now I have come back to US on B-2 visa. Can I get an H1-B transfer since I still have 3 more years left on my Cap exempted H1-B? Will the new employer be filing for H1-B extension? And when can I start working, do I need to re-enter US on new visa to be able to work?

Thanks.

[newacct]

If the H1b petition application indicates that you are doing change of status, then you should be able to stay in the US.

[jmurabbi]

If the H1b petition application indicates that you are doing change of status, then you should be able to stay in the US.

Thank you for your response. I'm on B-2 visa now, will it be considered as "change of status"? Is it upto the Employer to decide or USCIS guidelines specify that?

[newacct]

It depends on what box was checked on the I-129 that the employer filed.