H1B, reclaiming time. Does previous employer need to revoke


dsan

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Hi,

I was working with Co. A on H1B for 6months (Oct 2004-Mar2005). In March 2005, I returned back to India for a family emergency. I decided to work here and haven't been to US on the H1B since. 

 

Now another employer, Co. B has applied for an H1B so I can work with them. This is a reputed startup with strong VC funding. In fact, I was working in their India office from 2008 - 2010. 

 

Question:

 Does Co. A need to revoke the visa. I dont know if they have. 

I didnt even formally resign from there. I just have a copy of my last payslip from them

 

What kind of potential issues can I face..? Any insight will help since I can prepare upfront for any RFE etc...

 

Thanks much,

Dsan

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Thanks pontevecchio and JoeF for the quick replies. 

 

Now if the previous employer has not revoked the H1B (say), will this cause any issues in the current H1B process. 

I hope USCIS will not ask for a resignation/relieving letter 'cause I have none. 

 

The previous H1B was issues in 2004 cap cycle (12 years back). I am still cap-exempt right...?

 

Thanks,

DSan

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