because you are out of status more than 30 days. it will not be a "transfer", but a new application and likely no I-94 on it. the good thing is you H-1b quota is still useful (if you used 1 year, you can get the new H-1 2-year).
for the sponser, no difference between transfer or new application. for you, a transfer allows you working before it approved.
-When your employer files new H1 petition for you, you need to get a new H1 quote. If your employer files H1 transfer for you, you do not need a new H1 quote. This is the difference between H1 transfer and new H1 petitions.
Even if you werelaid off and out of status, you still can do h1 transfer if your I-94 is still valid, but you can not work until the trahnsfer is approved. Also, most likely your H1 transfer will approved without I-94 if you were laid off for a while (> 2-3 months). If so, ust go out of US to get h1 visa to come back to re-instate your H1 status.
for the sponser, no difference between transfer or new application. for you, a transfer allows you working before it approved.
-When your employer files new H1 petition for you, you need to get a new H1 quote. If your employer files H1 transfer for you, you do not need a new H1 quote. This is the difference between H1 transfer and new H1 petitions.
Even if you werelaid off and out of status, you still can do h1 transfer if your I-94 is still valid, but you can not work until the trahnsfer is approved. Also, most likely your H1 transfer will approved without I-94 if you were laid off for a while (> 2-3 months). If so, ust go out of US to get h1 visa to come back to re-instate your H1 status.
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