Re-apply for H1B after a gap of 4 years


rajmuk

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Posted
I'm B.Tech, MBA(Europe) and worked for Big 5 consulting on H1B visa from 2006 to 2009. I've returned to India immediately when my company decided to layoff during the recession. 

 

After returning, I've got into own-business which is not related to my professional experience. 

 

Now I'm planning to go back to US and wanted to know how I could apply for H1B? or it makes easier

applying for new H1B? I heard within 6 years I can re-apply without the quota issue.

Also, during the process will I face any issues as I don't have same experience (Presently a director at a start-up company) as a Techie.

 

I'm completely out of the H1B news and Knowledge since 4 years and trying to know the details. Thank you for your time and Help.

Posted

Your new employer can file for your H1B and you do not fall in the Quota. Working in a business should not affect your chances in getting a new H1B...as long as you qualify for it.

Posted

You have a choice of either getting the remainder of the H1 without falling into the quota, or having the new full 6 years by applying under the quota in April for a start date of October.

Posted

omshiv, JoeF Thanks for the reply.

 

My 3-year H1B visa was over by 2010, and I might have to look for a new Employer now. Can I still be cap exempt and apply this year?

Posted

omshiv, JoeF Thanks for the reply.

 

My 3-year H1B visa was over by 2010, and I might have to look for a new Employer now. Can I still be cap exempt and apply this year?

 

Yes you can.

Posted

I have a question regarding H1B Layoff. I am being laid off and my last day of employment with current employer is Aug 30th 2013, but another employer filed LCA for me on Aug 27th, 2013. Am I still on valid status after Aug 30th? I know it takes 5-7 days to get LCA approved and I am being told that new employer will file application with USCIS the same day I will receive LCA approval. 

 

Thanks for the reply. 

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