H1B employee back to native country

[rajeshappu]

I was having H1B visa with my previous employer who
filed in 2006. I was in working in US in H1B visa
during 2006-2007. I went back to India in late 2007
as my project got over in US.

After that, my previous employer filed for H1B extension for
second 3rd year term and got approved in sep 2008.

I have my first H1B docs but not my approved H1B renewal docs.

I changed to 2nd employer last year.

Now if my second employer wants to apply H1B for me,
do I have to wait for H1B cap or can I directly go for visa
interview any time.

Do I need my H1B renewal documents that my previous employer
filed for me?

Please reply to me with these questions.

Thanks,
Rajesh

[sk4ih]

Your second employer has to transfer H1, and once approved, you can go for visa with all that new set of documents.

[rajeshappu]

Thanks for the reply

But my doubt is, if I already have H1B stamping
in my passport and have travelled to US and got my
H1B renewed and do not have the renewal papers from the previous employer,

1) Do I need to wait for H1B cap if my new employer wants to file
H1B for me

or

2) Can I directly go for Visa interview with my new employer filing H1B
transfer for me as I already had H1B visa.

[sk4ih]

1) H1 transfer means it's not subject to cap.
2) See earlier answer.

[rajeshappu]

Thanks for the reply.

But I do not have the H1B renewal docs that
my previous employer did. I only have the
H1B docs for the first 3 years that already
expired in SEP 2008.

I'M RIGHT NOW WORKING IN INDIA.

If that is the case, if my new employer does H1B for
me,

1) Will this be new H1B filing? If so, do I have to wait for CAP?

or

2) Will this be H1B transfer?

[shervin143]

If your current H1B petition is still valid and if you have at least the receipt number from the approval notice, then you can transfer your H1B to the new employer. Otherwise you have to go for a fresh H1B.

Thanks for the reply.

But I do not have the H1B renewal docs that
my previous employer did. I only have the
H1B docs for the first 3 years that already
expired in SEP 2008.

I'M RIGHT NOW WORKING IN INDIA.

If that is the case, if my new employer does H1B for
me,

1) Will this be new H1B filing? If so, do I have to wait for CAP?

or

2) Will this be H1B transfer?

[rajeshappu]

Thanks for the reply.

Usually if companies apply for H1B fresh, the employee has to
wait till september to appear for visa interview and get the visa
stamped in the passport.

In my case, I already had H1B visa and so I'm not subject to cap.
So, should I also wait till september for the visa interview (OR)
Can I just schedule the visa interview on receiving the docs?

[sk4ih]

Yes

Can I just schedule the visa interview on receiving the docs?

[rajeshappu]

Thanks for the reply. BTW, does my
employer need to file H1B by april itself
(like how they do for cap) or any time is okay?

[shervin143]

Didn't you say that you are already CAP counted? Then why would they want to wait till April? April is for new CAP.

Thanks for the reply. BTW, does my
employer need to file H1B by april itself
(like how they do for cap) or any time is okay?