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Posted on 19 Mar 2010
Q.

H1B extension/transfer when in India

I was in US in 2006-2007 on H1B visa
sponsored by my previous employer and
later came back to India.

I have the H1B docs, pay stubs, W2 return
form for my stay in US on H1B.

Once my first H1B got expired, the previous
employer filed H1B extension
for me in Sep 2008 but did not send
me for Visa stamping and also did not
give me the H1B renewal docs.
In 2009, I moved to a new employer
and right now working with them.

1) Is it possible for my new employer
to file H1B for me (with my H1B that expired in sep 2008). Will this be H1B transfer or
new H1B filing. I'm in India now

2) Do I have to wait for H1B cap?

3) Is it necessary for me to ask my
previous employer for the renewal H1B
papers. It might still be valid, but
I do not have them.

User's Location: India
Category: H1B Visa (Work Visa)
Posted on 19 Mar 2010
A.
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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