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Posted on 08 Jul 2011
Q.

H1 transfer using old expired I-797 while currently on H4 in US

Hello,
I came to the US in 2007 on H1B visa and worked in US for nearly 18 months.
After this, I returned to my home country India.
Now, I am back in the US with my husband on H4 visa. I am no longer employed with my previous employer who had sponsered H1B during my previous visit. My previous I-797 has expired on April 2009. But, I have the copies of I-797 and other associated documents.

My question is:
If I get a job again in the US, can my new employer apply for H1 transfer using my old I-797 since I haven't completed the 6 year H1B limit? or will I have to go through the H1 application process all over again and wait until october (H1 approvals for current year are valid after october) to start working?

Thanks,
Kruthi

User's Location: Herndon, Virginia, United States of America
Category: H1B Visa (Work Visa)
Posted on 11 Jul 2011
A.
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Dimitar Michailov
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Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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