god108 Posted April 25, 2019 Report Posted April 25, 2019 Will the H1B cap apply if I previously had an H1B, returned to my home country, and then got a new job offer in the US? My situation: I previously worked on the H1B for under 6 years (4 yrs 2012-Oct to 2016 Dec) and have been out of the US for more than two years(Since Nov 2016) As per link below : A person in this situation has two options. She can file a cap-exempt petition at any time. If she chooses this option, however, she will only be eligible to receive the remainder of the time left over from the initial period. The second option is to subject herself to the cap, which has the advantage of making her eligible for a fresh six year period. Original link: This blog post is old and I don't know if this is still valid, I want to migrate back to USA soon. I had moved here for family reasons. I have a very good experience in Data analytics and Data science and would like to go back. Here are the challenges I am seing: 1. I have been running my own Business Coaching biz for the last 2 years and lost in touch with IT. It's been fruitful but not as good as IT income. In my biz I make Rs.50k+ / mo (will immigration officers deny my petition based on this)? 2. I have been out of USA for 2 years and my petition is revoked on request by my employer in California. Do I still qualify for new h1b without cap via a new employer? 3. Do I need to secure a very high profile employer( Google,FB, etc ) job to easily get approved for H1b? Or any smaller US company is fine ? 4. How long does this entire process take? 5. Do I need to have an IT job to get my chances high to get approved for a H1 B VISA once the petition is approved? What do you recommend?
JoeF Posted April 25, 2019 Report Posted April 25, 2019 The info is still valid. The old employer was required by law to inform USCIS that you no longer work there, which resulted in revocation of the H1. It has no effect on you.
god108 Posted April 29, 2019 Author Report Posted April 29, 2019 Thank you. Can I claim my Employer2 sponsored H1b (transfer) which started about in 2013 or my first h1b every filed in 2012 with Employer1Consulting company)? Is h1b 6 year period per employer? So, how many H1b years do I have left?
JoeF Posted April 29, 2019 Report Posted April 29, 2019 The 6 year period is not per employer. You have 6 years minus the time spent on H1 in the US if you go the cap-exempt route.
god108 Posted May 8, 2019 Author Report Posted May 8, 2019 Also, one follow up questino: I have a Bachelors in Electronics and Communication (This is used for my original h1b petitoin in 2012) and a Master's in Computer science from an Unaccredited Univ in U.S. Will I face any RFE in my new petition just because my major in my degree doesn't match my IT career/Job position?
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