H1B-H4-H1B

Submitted by Chief Editor on Jan 26th 2010

Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me. 1)Now Can I use existing H1B with the new employer? 2)Do I fall under quota or I need to file new H1B in this Year quota?

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ANSWER:

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com