Re-applying H1B visa after couple of years in India

[raghu_krk]

Hi Team,

I was working on H1B visa, and moved to India in 2010 (H1B Visa was valid till 2011 October) due to some family issues. Now I want to move back to US as my issues are settled. My previous employer is ready to offer me job. Now the problem is that, he is saying I need to wait until April 2013 for new quota to open.

My assumption is if I was counted for H1B CAP once, will not be counted again. Now my situation is now or never, please advise me...

Any replies are highly appreciated, Thanks in advance for all your help!

Regards,

Raghu

[CCR]

Have your 6 years been completed? if yes then yes u have to wait till 2013 else you wont be counted against a quota.

[raghu_krk]

Thank you so much CCR, appreciate for your help. I got my first H1B visa approval in 2008 which was valid till 2011.

[vnaresh53]

Dear CCR,

I have a similar question. I had finished my master's (on F1) in 2005 and immediately got H1B from October 2005 (stamped and valid till Oct 2008). I worked for 2 years and quit my job in August 2007 to start my Ph.D. I got a status change to F1 and have a valid I20 till now. I never left US and so never got the F1 stamping. Now, I graduated in May 2012 and got my OPT card valid from June 1, 2012. I am working now on my OPT but didn't apply for the H1B because the quota ran out. I thought I could apply for it next year since I have the OPT for 29 months now. But, now I will have to leave US in Nov 2012 for my brother's wedding. So, I am worried about getting the F1 stamping. So, I am wondering if I could get a H1B for this year since I was already counted for the quota in 2005. If so please provide any information on how to proceed.

Thank you very much for your help

Naresh.

[h_1b_help]

Do you have an approved I-140? In that case, you would NOT be subject to the cap since you can file H-1B under AC21. If not, I think you will be subject to the cap. Actually, I am in a similar situation. Do you know anything about current H-1B situation & stamping? Do you have an email or contact no. where I can reach you to discuss further?

[vnaresh53]

@h_1b_help. Is your reply targeted at me or Raghu? The I-140 looks seems to be a petition for green card? No, the company did not start my green card processing then. I had only gotten the H1B visa, I went to canada and got the stamp. I cannot figure out how to send a private message to you with my number. If you can please inbox me your number I will call you.

Naresh.