My visa transfer from one company to another got denied in july’09 and at the same time my previous company also canceled my H1B so I didn’t have status and came back to india, my visa expired in sep’09. The new company is filing H1-B. Am I subject to CAP and is my case a tranfer or extension or new?
You are no longer subject to the CAP, but your petition must be filed as “New Employment” with the same employer. However, your employer would have to notify the USCIS that this is the second petition they are filing on your behalf and seek exemption from paying the $500.00 fraud fee all over again.