New H1B

[Nithiya]

Hi,

I had H1 for an employer in the past and worked in US for around 8 months. I got that extended and went back to India but my petition expired during my stay in India.

Right now, I am here in US on H4 as a dependant to my husband and resigned my job w/ my employer.

Will I be able to renew my old expired petition w/ a new employer in US?

or

Do I need to go for new H1 visa? As the 65k cap is filed, do I need to wait april 2013 for filing it?

Kindly clarify.

Thanks,

Nithiya

[shandan]

You will need to file a new H1, and yes wait for the next fiscal year.

[pontevecchio]

You need to find a new sponsor to file a H1 petition to reclaim the remainder of your entitlement. Periods in H4 are delinked and hence take your own time getting a good job or deciding to study further.

[pontevecchio]

I will reiterate that you have been capped once and are entitled to 6 years minus existing time on H1 status and you can have them file anytime and start after approval.

[Nithiya]

So I can file my H1-B in Cap exempt category ?

[pontevecchio]

YES.

[JoeF]

A person who has been counted for the quota in the last 6 years is not counted again,

[Nithiya]

Thanks for the clarification!

As I mentioned in my question earlier,I am currently on H4 visa in USA and stayed more than 1 yr outside USA before getting this H4 approved/after my previous H1.

Some of my friends were telling me that I am eligible for cap exempt,

if I am outside US now

(or)

I should have stayed more than 1 yr outside US.

Please let me know your views, inputs on this.

Many Thanks!

[pontevecchio]

You are not subject to the cap.