Reinstate an expired H1-B

[parps]

Hi,

 

First I would like to thank you all for reading this and for any hypothetical response you could give me !

 

I have H1-B visa issued on October 2008. I got laid off in March 2009 and had to go back to France then. Now I would like to work to the US again (my fiancée just started working on a J1 visa).

 

I just found a new employer (after having a couple of interviews on tourist visa) and received an offer letter. Nevertheless he asked to me dig up on the internet to find the quickest way for me to start working legally (J-1 L-1 H1-B etc...)

 

Therefore I have a couple of questions: 

 

1.  Can I reinstate my former H1-B to avoid the process of going through the quota again?

 

2. If so, since I used my former H1-B visa only 6 months, can I reinstate it for 5 years and a half then?

 

3. If none of the previous option are possible, what else should I do since The H1B application will start on the 1st of April next year and will be issued on the following October if I'm not mistaken ...

 

Thank you in advance for your help

 

 

 

[jairichi]

Hi,

 

First I would like to thank you all for reading this and for any hypothetical response you could give me !

 

I have H1-B visa issued on October 2008. I got laid off in March 2009 and had to go back to France then. Now I would like to work to the US again (my fiancée just started working on a J1 visa).

 

I just found a new employer (after having a couple of interviews on tourist visa) and received an offer letter. Nevertheless he asked to me dig up on the internet to find the quickest way for me to start working legally (J-1 L-1 H1-B etc...)

 

Therefore I have a couple of questions: 

 

1.  Can I reinstate my former H1-B to avoid the process of going through the quota again?

 

2. If so, since I used my former H1-B visa only 6 months, can I reinstate it for 5 years and a half then?

 

3. If none of the previous option are possible, what else should I do since The H1B application will start on the 1st of April next year and will be issued on the following October if I'm not mistaken ...

 

Thank you in advance for your help

1. Yes

2. Yes

3. NA

Ask your employer to file a cap exempt H1B petition.

[pontevecchio]

1. Reinstatement is a wrong word in this context. Any employer can file a non cap H1 petition for you

 

2. Again wrong word. You would seem entitled to a total of 5.5 years.

 

3. NA

 

I would suggest retaining the firm of Murthy to explain the process to your employer...or any other firm.

[parps]

Thanks 'pontevecchio' and  'jairichi'for this reassuring news ! How long is  the process to get a H1-B visa if we apply for the non cap petition?

 

Thanks again !

[parps]

1. Yes

2. Yes

3. NA

Ask your employer to file a cap exempt H1B petition.

 

Hi Jairichi, Thanks again for your quick answer but as I said to pontevecchio I was wondering if I am really entitled to a non cap H1 petition since I left the US for more than 1 year after attaining the H1-B status? In this website they seem to say I can't (see point 5): http://www.****************.html

[jairichi]

Thanks 'pontevecchio' and  'jairichi'for this reassuring news ! How long is  the process to get a H1-B visa if we apply for the non cap petition?

 

Thanks again !

2.5 months to get approval on regular processing and 15 calendar days by premium processing. After approval you apply for a H1B visa and enter US.

[jairichi]

 

 

Hi Jairichi, Thanks again for your quick answer but as I said to pontevecchio I was wondering if I am really entitled to a non cap H1 petition since I left the US for more than 1 year after attaining the H1-B status? In this website they seem to say I can't (see point 5): http://www.****************.html

 

If you have not used the full 6 years of your H1B petition your employer is allowed to file a cap exempt petition to get the remainder years.

[parps]

If you have not used the full 6 years of your H1B petition your employer is allowed to file a cap exempt petition to get the remainder years.

Thank you again Jairichi, unfortunately my link has been censured. Here is the information I found on multiple website: "The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US".

 

According to you it doesn't matter that I have been out of the US for more than a year?

 

Thanks again

[jairichi]

Thank you again Jairichi, unfortunately my link has been censured. Here is the information I found on multiple website: "The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US".

 

According to you it doesn't matter that I have been out of the US for more than a year?

 

Thanks again

No, it does not matter. If you want a fresh H1B for 6 years then an employer has to file a cap subject H1B petition in April 2014 and on approval you can start working from Oct 1st 2014. Alternatively, if you want to start immediately an employer has to file a cap exempt petition and on approval (you get remainder years) with an unexpired H1B visa you can enter US and begin to work immediately

[pontevecchio]

1. I told you to involve a Lawyer.

 

2. If you have been out for more than one year you can get the REMAINDER Option of your 6 years..non cap with a start after approval and the visa or you can have an employer file a Cap subject H1 petition to start in October.