Need help H1B valid petition: Not sure if i should reopen case

[raqt]

Hello 

 

Please help me in deciding to whether or not to reopen my petition.

 

Current status: Have Valid H1B petition number approved in 2008. I do not have H1B stamping in passport but have worked in US on H1B status and came back to India in 2009.

 

I have joined a company in 2009 and have remained with the same company, i am planning to re-open my H1B petition through another employer but i am not sure if that would be good idea as the previous employers who filed my H1B are in grave trouble with DOL. Please advice what needs to be done from my side.

 

 

Thanks

 

[jairichi]

Hello 

 

Please help me in deciding to whether or not to reopen my petition.

 

Current status: Have Valid H1B petition number approved in 2008. I do not have H1B stamping in passport but have worked in US on H1B status and came back to India in 2009.

 

I have joined a company in 2009 and have remained with the same company, i am planning to re-open my H1B petition through another employer but i am not sure if that would be good idea as the previous employers who filed my H1B are in grave trouble with DOL. Please advice what needs to be done from my side.

 

 

Thanks

Talk to a good immigration attorney

[raqt]

Hello Jairichi

 

Thank you for reply, i was going through my previous emails and have just seen that my H1B was cancelled when i returned back to India in 2009.

 

I would like to know since it was cancelled, will it still create any problem if i re-open the petition ? 

 

Thanks

[jairichi]

Hello Jairichi

 

Thank you for reply, i was going through my previous emails and have just seen that my H1B was cancelled when i returned back to India in 2009.

 

I would like to know since it was cancelled, will it still create any problem if i re-open the petition ? 

 

Thanks

Since your previous employers are being investigated by DOL there is a possibility of some trouble. If it is not a generalized investigation and a specific one with regard to a particular employee you might be fine.That is the reason why I asked you to take the help of a good immigration attorney

[raqt]

Hello Jairichi

 

Thank you for clarifiying my query. I just have one more query  please

 

My earlier visa petition when approved in US in the year of 2008 was with this validity

 

Valid From 10/01/2008 UNTIL 09/24/2011

 

I came back to india in april 2009 and my employer sent e-mail about cancellation, the uscis website status of my petition number shows as "post decision activity" i believe as my employer cancelled my visa it is showing as such status from May 2009.

 

I have joined this new company in 2009 May in india and have been with the same company, i was told visa petition number is valid for 6 years 

 

I just want to know when is the deadline for me to apply for cap exempt visa petition with good immigration attorney through employer, is it Jan 2014 or Oct 2014 ?

 

Thanks

[jairichi]

Hello Jairichi

 

Thank you for clarifiying my query. I just have one more query  please

 

My earlier visa petition when approved in US in the year of 2008 was with this validity

 

Valid From 10/01/2008 UNTIL 09/24/2011

 

I came back to india in april 2009 and my employer sent e-mail about cancellation, the uscis website status of my petition number shows as "post decision activity" i believe as my employer cancelled my visa it is showing as such status from May 2009.

 

I have joined this new company in 2009 May in india and have been with the same company, i was told visa petition number is valid for 6 years 

 

I just want to know when is the deadline for me to apply for cap exempt visa petition with good immigration attorney through employer, is it Jan 2014 or Oct 2014 ?

 

Thanks

Your ex-employer cannot cancel your visa but revoke your H1B petition. This will have no effect on any future H1B petitions filed by prospective employers.

There is no deadline to apply for a new employer to file a cap exempt H1B petition. Any new employer can file a cap exempt petition anytime and on approval with a valid H1B visa and new I797 you can enter US and start working immediately. You will get 6 years - years spent on previous H1B.