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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10897
Experience:  Write FOR JAMES to get my help!
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I worked in the US on H1B years (2011 - 2014) and left the

Customer Question

I worked in the US on H1B for three years (2011 - 2014) and left the country in Sep 2014 for graduate school in Europe. Now I have completed my graduate program and got a job offer in the states (Oct 2015). My understanding is that I am not subject to the annual cap and can file a petition anytime of the year, but I am not sure if it works the same way as a regular H1B transfer.
What does my new employer need to do to transfer my H1B? Also, my last employer who sponsored my visa offered me to rejoin the firm. Does it make a difference if go with a new employer vs. the previous one? Is a H1B transfer my only option?
Lastly, I am currently visiting my family in the US on B2. Do I need to leave the country in order for my new petition to be filed? Is it possible to change status while I am here? Any guidance would be appreciated. Thanks.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

QUESTION: What does my new employer need to do to transfer my H1B?

ANSWER: There is no such thing as an H1B transfer in the law. That is a common terms used to explain that you are going from one employer to another, but that is only for ease of understanding.

The employer must file a new H1B petition, cap exempt. Everything that is done for a normal H1B is done for a cap exempt one, except that they do not have to wait until April 2016 to do it.

QUESTION: Also, my last employer who sponsored my visa offered me to rejoin the firm. Does it make a difference if go with a new employer vs. the previous one?

ANSWER: No. The process is exactly the same.

QUESTION: Is a H1B transfer my only option?

ANSWER: No. Your original employer can file a new one for you, cap exempt.

QUESTION: Lastly, I am currently visiting my family in the US on B2. Do I need to leave the country in order for my new petition to be filed? Is it possible to change status while I am here?

ANSWER: It is possible, but often people receive RFE's in these cases because the USCIS does not want people using the B2 to enter the US for a purpose that was not stated when they applied for the B2 and/or when they entered the US with the B2. The longer you wait to apply for the change of status, the better.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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