New H1 with new employer(Vendor)

[nefan]

Hello,

I am stuck in india for the last 2 months with my H1 being sent back to USCIS for further review and possible revocation. Now, I have spoken to my prime vendor and he has agreed to do my H1. I am being paid offshore salary right now.

1)Now, when applying for new H1 can i ask my vendor to apply from US or can he only apply through India?

2)If applying from India is the only option will I fall under cap?

Please let me know. Its urgent as i have to agree to the terms and conditions of my vendor and I want to state this clearly to him

Thank you.

[ashukla]

Hello,

I am stuck in india for the last 2 months with my H1 being sent back to USCIS for further review and possible revocation. Now, I have spoken to my prime vendor and he has agreed to do my H1. I am being paid offshore salary right now.

1)Now, when applying for new H1 can i ask my vendor to apply from US or can he only apply through India?

2)If applying from India is the only option will I fall under cap?

Please let me know. Its urgent as i have to agree to the terms and conditions of my vendor and I want to state this clearly to him

Thank you.

1. Yes he can only apply through india, there is no COS in USA so it has to be visa abroad to notify a particular consulate.

2. No you will not fall under the cap as you already having an H1 Status.