Can i do h1 transfer even after the expiry date and now my current status is H4

[Padmini96]

Hi !

I had got my H1B 2yrs back and its validity will end in few months,my payroll was run for 2 months initially then due to health issues I had to leave job and revert to H4. So now I am on h4 (with an inactive H1B) and trying to get into job through other consultancy(H1B transfer). I have my 2 months payroll ,w2 and H1B copy in hand. Now should I get job and get my H1B transferred and everything done before expiry date? Please let me know the alternative solutions getting job and getting client letter and then applying might take time.


-> If H1B transfer after expiry date is possible, will there be more chances of getting RFE in the process?

Thanks in advance!

[shervin143]

Possible. Any U.S employer can file a new H1B petition using the CAP from your previous approved H1B petition (even if it is expired now) as long as the previous petition is filed within the last 6 years (No need to go through new quota). The employer will need to file a COS from H4 to H1B and when that gets approved with a new I-94, you can begin working for that employer.

[Padmini96]

You mean newly I should apply for H1B using CAP .... ? its like all from start again...

[kabkaba]

Another employer can file a cap-exempt petition for you.

[shervin143]

New petition need to be filed using the old CAP. No need to go through quota again. Petition can be filed anytime of the year with an immediate start date. You cannot work until the COS from H4 to H1B gets approved.

You mean newly I should apply for H1B using CAP .... ? its like all from start again...

[Padmini96]

New petition need to be filed using the old CAP. No need to go through quota again. Petition can be filed anytime of the year with an immediate start date. You cannot work until the COS from H4 to H1B gets approved.

Thank you Shervin !... Thank u all !