Expired H1B - Current status H4

Hi ,

I am currently staying in the United States on H4 visa.

I have previously worked in the US on L1 visa (Sep 2006 - Aug 2007) and H1 visa (Nov 2007-March 2009).

I went back to India in March 2009 and have returmed to the US in March 2012 and since then I am on H4 visa.

My question is :

1)Since I held an H1 before which I used only for 1.5 years. Would I fall under H1B quota ?or would my case be considered quota exempt ?

  1. Can a new employer use my old H1 and transfer it ? and would that fall under quota ?

Please let me know your thoughts .

Thanks in advance.


  1. you should be quota exempt.

  2. yes a new employer should be able to use your previously approved petition to file a cap exempt petition for you any time of the year.

However, remember you will get H-1 term of 6 years minus time already spent inside US on H-1 and L-1 visas (as your clock has never been reset).