New H1B with old expired petition


vrajgopal

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Hi,

I worked in US with H1B from Nov2005 sponsored by my company. I stayed in US till Sep 2008 and went back to India in Sep 2008. I am thinking of getting a new H1B with another employer now, I heard that I can get a new H1B with reference to my old expired H1B petition since I have not completed 6 years in US on my previous H1B without getting in to lottery system for 2013.

If yes, how soon should I do that? I got my old H1B in Sep 2005 but I entered US in NOV 2005 and got it renewed once in JUL 2007 [when I changed my employer while in US]. Does this six year count starts from my Visa date or the date I entered US?

Please advice.

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The six year limit on H-1B classification commences from when an individual first is admitted to the US in H-1B classification and is only applicable to time spent by the noncitizen in H-1B while within the United States. To determine the exact amount of time available for an individual's personal H-1B status, please schedule a consultation with a qualified immigration attorney.

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Hi,

One of my ex-employer had raised a H1B for me which was valid from Sep. 2009 - July 2012. However I did not avail/travel on that petition at all to US. My ex-employer had misplaced my petition papers. However they gave me my petition number & sent an official email saying that it belongs to me. With this information can I file my petition now on a non-cap quota without waiting till April 2013 for the H1B cap to open & start working immediately.

Awaiting your response,

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