Want to apply for H1B from India (Old H1B expired in 2012)

[SRPatil]

Hi All,

I visited US on F1 visa for Masters, later got H1b visa till Oct 2012 (H1b was applied by Murthy Law Firm). Moved back to India permanently on June 2011 resigned from the US Company that had my H1b done. Started job in India with another company, company wanted me to visit US, applied for B1/B2 visa twice got rejected.

Need help on whether should I apply for B1/B2 again or is there any way I can renew my H1B (there is a stamp on Visa Cancelled with Prejudice). Can H1b be transfered or do I have to apply for new H1b?

Thanks for your help in advance.

SR

[pontevecchio]

You mean "without prejudice". Find an employer to file and get your H1 approved and get the visa and come over. You can retain the remainder of your total of 6 years in H1 status.

[SRPatil]

"Pontevecchio", thank you for your help. "Getting H1B approved" does it mean that I should apply for new H1B in the quota for 2014? or is there any other process?

[pontevecchio]

It means an employer files and gets your H1 petition approved first. Subtract the time you were here previously in H1 status from 6 years and that is your remainder not subject to the cap.

[harsha_g2]

Hi pontevecchio,

I'm also in the similar situation.

In this case - can we start working on H1B mmedately or do we need to wait until Oct 1st?

Thanks,

Vardhan

[pontevecchio]

What is your situation?

[harsha_g2]

Hi pontevecchio,

My situation is that - I had H1 visa which was expired in 2010. I have never travelled to USA on H1 and worked on it. If a company is willing to sponsor me now (which is obviously out of cap) - and if the h1 petition is approved, should I wait until Oct to start working?

Regards,

Vardhan

[pontevecchio]

if A COMPANY GETS YOUR h1 PETITION APPROVED THEN GET THE VISA STAMP AND COME OVER. You are not cap subject based on your post.