Need New H1B or H1B transfer after 1.5 years gap

USA H1B Visa
1

Hello Experts,

			I worked in US from Oct 2009 to May 2011 on H1B visa. In May 2011 I came to India for my H1B stamping and my stamping got rejected because of employee-employer relationship.
			
			Now new employer wants to file my H1B now in January 2013. Is this case going to be new H1B or H1b transfer??
			
			Do I need to wait till April 2013?
			
			Thanks,
			Ashes2010
2

The new employer will have to file a new cap-exempt petition (loosely referred as H-1 transfer). You don’t need to go through cap again, and this can be filed anytime. You will have to submit copy of old approved petition and latest payslips (when you were in US) for its processing.