H1B Cancelled - Currently in INDIA, Options to get back to US

[krishc1983]

Hi Folks,

 

My current situation is kind of completely different than what I have been looking thru in this forum. Please take a look at the below and help me understand what would be the best possible plan.

 

I went to US in Jan 2012 with Company A and after about 4 months i got another good offer and moved to Company B (H1B transfered - i797 valid until Aug 2015). I came back to INDIA on Sep 2, 2013 after resigning Company B and am sure that Company B as per their policy would have definetly cancelled my H1B visa.

 

I wanted to go back to USA and work for same position with Company B. I have spoken to Company B and the interview is in progress, am definelty sure that i would get the offer. Now, here is what my question is:

 

1. If cancellation sent, I wanted to understand if an offer is extended to me, would there be a request sent to USICS to revoke the cancellation of my H1B so that my start date can be much sooner?

 

2. If not, should it be a H1B transfer(not sure how this will work, as current H1 itself is with Company B)?

 

3. If not, should it be a new H1B petition? Since, am in INDIA currently, would it require a new stamping? This route would tedious and takes a lot of time and potentially start date might be delayed

 

Note: I returned from US due to family situations and right now things are pretty good and i can go back to US for a while. 

[jairichi]

Hi Folks,

 

My current situation is kind of completely different than what I have been looking thru in this forum. Please take a look at the below and help me understand what would be the best possible plan.

 

I went to US in Jan 2012 with Company A and after about 4 months i got another good offer and moved to Company B (H1B transfered - i797 valid until Aug 2015). I came back to INDIA on Sep 2, 2013 after resigning Company B and am sure that Company B as per their policy would have definetly cancelled my H1B visa.

 

I wanted to go back to USA and work for same position with Company B. I have spoken to Company B and the interview is in progress, am definelty sure that i would get the offer. Now, here is what my question is:

 

1. If cancellation sent, I wanted to understand if an offer is extended to me, would there be a request sent to USICS to revoke the cancellation of my H1B so that my start date can be much sooner?

 

2. If not, should it be a H1B transfer(not sure how this will work, as current H1 itself is with Company B)?

 

3. If not, should it be a new H1B petition? Since, am in INDIA currently, would it require a new stamping? This route would tedious and takes a lot of time and potentially start date might be delayed

 

Note: I returned from US due to family situations and right now things are pretty good and i can go back to US for a while. 

1. Your H1B would have been revoked by now

2. Your employer B has to file a cap exempt H1B petition and on approval with a valid H1B visa (even if it from employer A) and new I797 you can travel to US.

 

Ask employer B for premium processing

[rahul412]

All you need is a new H1 approval which is new 797 and a valid visa.

[JoeF]

Once the H1 is revoked it is revoked.

The company would have to file a new H1.

An H1 transfer is just a new H1.

If you have a valid H1 visa stamp, you don't need a new stamp. You can just return with the old stamp and a copy of the new H1 approval notice.

If they company wants to get you quickly, they can just file the new H1 with premium processing. They would have a decision within 15 days.

[t75]

You will just have to wait for the proper procedure. A new petition not under the cap is required.  You left the US and are now worried about minor delays in reentering.

[krishc1983]

Thanks all for your responses. This really helps a lot. Have a followup question thou, a cap exempt H1B petition is this option available to all? what are the special cases for getting this approved?

 

Thanks all again.

[krishc1983]

Just did a reasearch and looks like: the fourth point below in bold applies to my case. Please let me know what you guys think about this.

 

H1B Cap Exempt Beneficiaries: Even after the H1B cap is reached, visas will still be available for applicants filing for amendments, extensions, and transfers, unless they are transferring from an exempt employer or exempt position and were not counted towards the cap previously; i.e., if you have been counted once you will not be counted a second time. Accordingly, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H1B worker may remain in the United States.
• Change the terms of employment for current H1B workers.
• Allow current H1B workers to change employers. Note: It does NOT include workers who currently hold H1B status in a cap-exempt job, such as a faculty or researchers at a university or government research institution, or physicians at teaching hospitals (see below).
• Allow current H1B workers to work concurrently in a second H1B position.
• 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.

[Diorsdune]

Is the last point mentioned in krishc1983's post (#7) true?

 

If someone who earlier held a H1B visa status during the past 6 years & has not exhausted full 6 yrs on H1B in US, has stayed outside US for more than 1 year.. then they are NOT cap exempt?

[jairichi]

Is the last point mentioned in krishc1983's post (#7) true?

 

If someone who earlier held a H1B visa status during the past 6 years & has not exhausted full 6 yrs on H1B in US, has stayed outside US for more than 1 year.. then they are NOT cap exempt?

• 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.

[pontevecchio]

Basically if you leave for one year you can claim the remainder option of your H1 non cap or have a cap H1 filed in April for a start date of October. You need to discuss specifics with a Lawyer. It is B's responsibility to file. Why are you getting so anxious? Let them file.