Immigration Issues/Ex H1B holder

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Question
Hi,

I am an ex H1B holder. My previous company (Company A) had applied for my H1B. My H1B was valid from Jan, 2004 - Dec, 2006 on passport. I was in USA from June, 2004 - Dec, 2004 (6 months) on that H1B. After coming back from USA (Dec, 2004), I changed my company to Company B.

Now I want to go to USA again on H1B.

Can I transfer the expired H1B or do I need to apply for a fresh H1b? If I need to apply for a new H1B, will I be subject to cap or cap-exempt? If cap-exempt, then when can I apply for the same?

I heard that a person will not be subject to cap if he/she is already been counted and not completed 6 years of H1B stay.

Kindly advise me on the same.

Answer
Moumita,
Your new company needs to apply for an H-1B visa for you. There is no such thing as transfer. And you are right you are not subject to the cap as you have already been counted.
Sincerely,
Ramasamy Krishnan
Attorney at Law
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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