Somasundaram Posted March 25, 2013 Report Posted March 25, 2013 Friend of mine is an Indian Citizen and he was here in United States for the past 6 Years in L1B (2006 to 2010) and H1 Visas (2011 to 2012). He went back to India on Nov 1st 2012 due to visa max out and wanting to come back to USA as soon as possible. In this regard, 1. From the predictions that we read from different blogs and news We understand that this year H1B cap of 65,000 will be filled in one or two weeks (April) and it will go on for lottery. We came to know that there is no special quota limits for non profit companies. Is this true? Do we know any companies that will do H1B on this quota? 2. L1 - As we understand this is for a specialized knowledge and for Intra Company Transfer. In this regard can a company in United States apply L1 for an individual? 3. Since he has been maxed out 6 year limit on H1 and L1, we understand that there is a cooling off period associated with initiating next visa. Can you tell us more about this cooling period? Can he initiate for a work visa even before the cooling period is over? If so, when can he initiate for his next work visa (P.S: He went back to India on Nov 2012 after completing 6 years in USA) 4. Based on the above information, what other option that he can consider pursuing to be back in USA with work permit as soon as possible. Your help in this regard is greatly appreciated. Thank you !!
t75 Posted March 25, 2013 Report Posted March 25, 2013 Your friend's employers attorney will file for him at the appropriate time. He cannot come back legally before he spends the required time outside the US no matter how much he thinks he should be able to do so.
wiweq Posted March 25, 2013 Report Posted March 25, 2013 " He went back to India on Nov 1st 2012 due to visa max out and wanting to come back to USA as soon as possible." => To get another 6 years slot, he needs to be outside of USA for 1 year. His H1b/ L1 can be filed only after Nov 1st, 2013.
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