H1-Reopen

[singh181]

Dear Team,

I did my education my US and thereafter, my employer applied for my H1-b in 2007. I moved back to India in 2010 without extending my H1 B. Now I am planning to move back to States for employment. So, I have following questions:

1) is my old H1B still active?

2) If my H1 is active, will my future employer has to file for transfer of my H1B from my old employer?

3) What steps my future employer and I need to took to reactivate/apply my H1B?

I shall appreciate if you can provide any other information related to my case.

Sincerely,

Singh181

[pontevecchio]

1. Wrong question. You have been cap counted and have finished 3 years and hence a H1 sponsor can file your non cap subject H1 and on approval you can come and work for the remainder 3 years. 2. Every new H1 sponsor has to file a new HJ1 petition and non cap in your case. 3.A sponsor needs to get a H1 petition approved for you and you then get the visa and come over. 4. If your sponsor files in April for a start date after October you can get a new total of 6 years.

[t75]

Provide your new employer a copy of your old documentation and his attorney will handle it. It will be a new petition not under cap and you may not apply for a stamping until you have a new approval notice.