H1 Transfer

Hello all,

Currently, I am working for a company on my student OPT status as I completed my MS during spring 2008. The student OPT status is valid till May 2009 which I could extend after that.

Before joining the MS program at US University I used to work on H1 visa. I got my H1 stamped during November 2005 and I was on the H1 status till January 2007.

The validation date on the H1 is 25th April 2008.
As I am planning an India trip so I am thinking of changing my visa status back to H visa.
So, please let me know whether I should go for a new H1 visa through the usual process or I can transfer my previous H1 visa?

Thanks in advance.

From what you're saying, you're out of status on your H1 and your employer would need to apply for a new H1, with the advantage that you've already been counted against the cap.

Thanks for the reply. I spoke with my Attorney and he's applying a H1 transfer for me on a PP basis.

Will I be getting a new full H1 term or will the H1 visa be a continuation of the previous H visa term ?
Please let me know that once i receive an approved petition then can i go immediately for H1 stamping at US consulate in India ?