H1B transfer or new H1B

[tarungos]

I have a H1B from company A with validity till Oct-2011. I resigned from that job and returned to India in Sep-2009. Now I want to get back to US and I am curious that if I need to work for a new company then whether it would need a simple transfer of visa as H1 is still valid or whether I would have to go for a new H1?

If I would have to go for a new H1 then would that come under the cap or it would be exempted?

Please comment.

Thanks in Advance

[Subramanya]

I have a H1B from company A with validity till Oct-2011. I resigned from that job and returned to India in Sep-2009. Now I want to get back to US and I am curious that if I need to work for a new company then whether it would need a simple transfer of visa as H1 is still valid or whether I would have to go for a new H1?

If I would have to go for a new H1 then would that come under the cap or it would be exempted?

---- You can do either of them. You can trransfer your H1 as it is still valid and you are within the 6 year period

---- You can also apply for a new H1 as you have been outside the US for more thatn 1 year

---- Either way the fees and application process reamins the smae

----- You may consuklt an immigration attorney to ensure that you are doing the right thing

Subramanya

[shervin143]

You haven't mentioned how much time you have spent on the old H1B. Since you have already spent 1 year outside U.S, by applying a fresh H1B petition, you are eligible for a new 6 year term. If you use the old CAP, you will get only the remaining unused term in that H1B.