H4 to H1B with my old employer

[nbrvinitha]

Hi,

I was working in US for 2 yrs for Employer A, i came back to India and I resigned from Employer A and went back to US on H4 visa.
Now I want to join my Employer A using my previous H1B.
Is this scenario a H1b extension or a new h1b petition has to be filed.
My h1b is expired and it is now cap exempt.

Thanks.

[shervin143]

Employer A need to file a change of status for you from H4 to H1B (CAP Exempt) and when that petition gets approved (with a new I-94), you can start working from the employer.

[nbrvinitha]

Thanks Sherwin, so it doesn't matter whether Employer A files the H1b cap exempt or some other company. What i thought was Employer A has only raised the H1b so my case will be a h1b extension.

[shervin143]

The term H1B extension is used when you are current in H1B status working for the employer and they are filing a petition to extend your status. In your case you are in H4 status and so it is not an extension. Any employer can file a COS from H4 to H1B and the petition need to be approved for you to work.

Thanks Sherwin, so it doesn't matter whether Employer A files the H1b cap exempt or some other company. What i thought was Employer A has only raised the H1b so my case will be a h1b extension.