H1B new petition will come under CAP or Without CAP

[Sendilkumar]

Hi,

 

I have traveled US with H1B visa stamped (Visa valid between Oct 2006 to Sep 2009) for Company A and worked in state of Michigan for only 6 months from month end of July 2007 to First week of Jan 2008. After that i came back to India and never utilized the remaining visa validity period. I have left from the company A.

 

I have joined new Company B in India and they have applied new H1B petition in 2012 and get my H1B petition approved on July 2012. But i didn't went for stamping. My company holds my H1B petition approved copy. I don't have the H1b petition approved copy with me now. But i know the H1B petition approved receipt number only. Also i don't know the validity period of H1B petition. I guess my H1B petition valid for one year i.e Oct 2012 to Sep 2013. Now I have resigned my job from company B.

 

Please let me know all the possibilities of filing a new H1B petition with new employer either it will be an US employer or Indian employer. Could you please clarify my below doubts :

 

  a) Is my future new H1B petition filing will come under without CAP or not

 

  b) Is my current H1B approved petition(valid till Sep 2013) will able to transfer to new employer with just using my approved H1B petition receipt number alone. 

 

 c) How many years or period I will be eligible for filing my future new H1B petition without CAP ?

 

 d) If my future new H1B petition approved and stamped. How long I can work with H1B visa ? Please let me know the H1B eligibility for 6 years to work in USA?

 

 e) Is there any way to get my H1B petition approved copy legally from Company B?. Please let me know all the possibilities. 

 

f) Is there any way to get the duplicate copy of my H1B approved petition from USCIS. Please note that i have left from the company who filed that H1B petition?.

 

Thank you in advance.

 

Regards,

Sendil

[pontevecchio]

You should be able to get a Non cap total of 5.5 years in H1 status. You do have the approval with A since you could not come over without that in 2007. Find a H1 sponsor first and then have them file a H1 petitio0n for you. You do not need the approval from B.

[Sendilkumar]

Thanks for your reply.

 

Is it necessary to mention the second H1B approved petition from Company B in an new H1B petition application ?. If yes, means just with the help of receipt number of approved petition itself enough or to attach a copy of it?. Please let me know

 

Could you please tell me how long it will take to get a new petition approved for an employer.