vishalzodiac Posted October 29, 2013 Report Share Posted October 29, 2013 Background § I am from India. My H1-B was approved in Oct 2011 and I started working in US with my sponsoring employer in Jan 2012. § For some family reasons I had to shift back to India so I resigned from my sponsoring employer and moved back to India in June 2013. § My last working date with my sponsoring employer was 30 May 2013. § My sponsoring employer notified USCIS of my status and cancelled my H1B in Late Aug / Early Sep 2013. § I am currently based in India. § I am now seeking a job in the US and have an employer who is willing to hire me. Question/s 1. Would I need to go through the overall H1-B application process next year? 2. Can my H1-B be ported to a new employer considering the details above ? 3. Someone told me that I need to search for a new employer within 60 days of leaving my sponsoring employer? 4. My prospective employer needs me to be in the US around Feb/Mar 2014. Till then can I keep my current H1-B alive by setting up a pseudo-job arrangement with one of the consultants? So that I can later move to my new employer when they need me. What are the options that I have? Link to comment
jairichi Posted October 29, 2013 Report Share Posted October 29, 2013 Background § I am from India. My H1-B was approved in Oct 2011 and I started working in US with my sponsoring employer in Jan 2012. § For some family reasons I had to shift back to India so I resigned from my sponsoring employer and moved back to India in June 2013. § My last working date with my sponsoring employer was 30 May 2013. § My sponsoring employer notified USCIS of my status and cancelled my H1B in Late Aug / Early Sep 2013. § I am currently based in India. § I am now seeking a job in the US and have an employer who is willing to hire me. Question/s 1. Would I need to go through the overall H1-B application process next year? 2. Can my H1-B be ported to a new employer considering the details above ? 3. Someone told me that I need to search for a new employer within 60 days of leaving my sponsoring employer? 4. My prospective employer needs me to be in the US around Feb/Mar 2014. Till then can I keep my current H1-B alive by setting up a pseudo-job arrangement with one of the consultants? So that I can later move to my new employer when they need me. What are the options that I have? A new employer can file a cap exempt H1B anytime and on approval with valid H1B visa and new employer's I797 you can enter US and begin working for your new employer. And, there is nothing called pesudo-job Link to comment
vishalzodiac Posted October 29, 2013 Author Report Share Posted October 29, 2013 Thanks Jai Link to comment
hicopicobm Posted October 30, 2013 Report Share Posted October 30, 2013 it does mean even though previous employer cancelled the H1B, still new employer can file cap exempt and visa will be approved? does it mean the employee owns the quota for 6 years till 2017 and employer cancelling the visa doesn't impact any cap exempt petition of future employers? Link to comment
jairichi Posted October 30, 2013 Report Share Posted October 30, 2013 it does mean even though previous employer cancelled the H1B, still new employer can file cap exempt and visa will be approved? does it mean the employee owns the quota for 6 years till 2017 and employer cancelling the visa doesn't impact any cap exempt petition of future employers? Yes, even if previous employer revokes H1B a new employer can file a cap exempt H1B petition. 6 years on H1B belong to employee. Link to comment
sbharadwaj Posted August 29, 2014 Report Share Posted August 29, 2014 Sir is it possible to file a cap exempt H1B petition even after six years are exhausted. I got my H1B in Sep 2007, went to US in Jan 2008, came back to my home country in Oct 2008. This means that I used only 10 months on my H1B visa. But now since the 6 year term of the H1B is exhausted, can my previous employer file a cap exempt H1B petition Link to comment
jairichi Posted August 29, 2014 Report Share Posted August 29, 2014 Sir is it possible to file a cap exempt H1B petition even after six years are exhausted. I got my H1B in Sep 2007, went to US in Jan 2008, came back to my home country in Oct 2008. This means that I used only 10 months on my H1B visa. But now since the 6 year term of the H1B is exhausted, can my previous employer file a cap exempt H1B petition Contact an attorney from Murthy law firm as I am sure they have been successful in these situations. Link to comment
JoeF Posted August 29, 2014 Report Share Posted August 29, 2014 Sir is it possible to file a cap exempt H1B petition even after six years are exhausted. I got my H1B in Sep 2007, went to US in Jan 2008, came back to my home country in Oct 2008. This means that I used only 10 months on my H1B visa. But now since the 6 year term of the H1B is exhausted, can my previous employer file a cap exempt H1B petition Yes. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.