h1b transfer or new h1b with another employer


I worked on h1b visa from Oct 2005 to Nov2011. All these years i worked in usa and applied Greencard with my employer got labor approved then i-140 approved.

Working on client side project and my employer is client vendor.

When i came to India in emergency Oct 2011 and approach for visa stamping on Nov 7th,2011. Within two days I got an email stating my visa denied and petition sent to USCIS. My employer waited for couple of months and applied another h1b.

I attended interview in April 2012.This time hyd consulate was curious why i am approaching for visa again. He told me to be honest whether you have job in usa or not. As your kids are USA Citizen if you don’t have visa it will be hard for them to travel alone. He send me to another window their they ask details on client, way of work and employer supervisor. In last minutes he says they have to put Admin process and for two months no response, in all these mess my client got frustated and they end project.

After Six-months of waiting i got an email on Sept 15,2012 that Visa-Denied and they gave reason my project got ended so they send case to USCIS.

So here my question is whether i can apply for h1b transfer with a new employer. As my current employer is Consulting company and i want to avoid them.

Or i have to apply for a new cap petition in April 2013.

Regards & Thanks,


you can still apply for h1 transfer with new employer.