H4 to (previously held) H1b

[anon_123]

Hi

I was working on H1B visa till September 2014. Out of the 6 years of H1, I have used 2 years. Then I quit my job and changed to H4. Have not worked since then. Now, I am planning to look for a job and get back to work in 2016.
The I797A which I got from the previous company I was working for, is valid till April 2016.

I have the following questions -
1) Can I do a H1 transfer if I find a job in 2016 because I still have 4 years of H1b left ?
2) Is it necessary that in order to be able to do a H1 transfer, I should find a job by April 2016 because my I797A is valid only till then ? If I don't find a job by then, will I have to go through lottery again to get H1b ? In short, Will I797A validity date have any effect on the pending 4 years on my H1 ?
3) How is I9 related to H1 transfer ? I don't know if my previous employer has filed i9 after my quitting. If he has, does it mean I cannot do a H1 transfer if I find a new job and have to go through lottery again ?


Thanks

[raghvi]

Hi

I was working on H1B visa till September 2014. Out of the 6 years of H1, I have used 2 years. Then I quit my job and changed to H4. Have not worked since then. Now, I am planning to look for a job and get back to work in 2016.
The I797A which I got from the previous company I was working for, is valid till April 2016.

I have the following questions -
1) Can I do a H1 transfer if I find a job in 2016 because I still have 4 years of H1b left ?
2) Is it necessary that in order to be able to do a H1 transfer, I should find a job by April 2016 because my I797A is valid only till then ? If I don't find a job by then, will I have to go through lottery again to get H1b ? In short, Will I797A validity date have any effect on the pending 4 years on my H1 ?
3) How is I9 related to H1 transfer ? I don't know if my previous employer has filed i9 after my quitting. If he has, does it mean I cannot do a H1 transfer if I find a new job and have to go through lottery again ?


Thanks

1. Yes. Your next employer would be filing a cap exempt petition.
2. Not necessary, once cap counted, one is cap exempt for 6 Years.
3. You mean I-94 or I-9? I-94 decides till what time you are legally allowed to be in US. I-9 is for employment verification.

This is my opinion not legal advice.