Old cap for a new petition?

[thiru.srini]

Reading through the forums I do understand that I can file for an H1B using my old CAP. Process and procedure?

 

I was working from 2007-2010, and I left US in 2010. My petition was approved in 2006 and got my visa stamped in Nov 2006. Got my Perm approved in Feb 2010 and i left US in Apr 2010. 

 

Now I plan to return back, my query is 

1. Can a new petition be filed with the old CAP as I haven't reached the 6 year limit? 

2. If so, what is the process for filing a new petition and the approximate time span? 

3. If the filing is a success where do I have to get the stamping for the visa , as I stay in Malaysia. 

Do I have to go back to my hometown (India) or can I get it done in KL? 

4. What will be the procedure to apply visas for my dependents in this case?

 

All advise/ earnest replies are appreciated!

 

Thanks

[jairichi]

 

Reading through the forums I do understand that I can file for an H1B using my old CAP. Process and procedure?

 

I was working from 2007-2010, and I left US in 2010. My petition was approved in 2006 and got my visa stamped in Nov 2006. Got my Perm approved in Feb 2010 and i left US in Apr 2010. 

 

Now I plan to return back, my query is 

1. Can a new petition be filed with the old CAP as I haven't reached the 6 year limit? 

2. If so, what is the process for filing a new petition and the approximate time span? 

3. If the filing is a success where do I have to get the stamping for the visa , as I stay in Malaysia. 

Do I have to go back to my hometown (India) or can I get it done in KL? 

4. What will be the procedure to apply visas for my dependents in this case?

 

All advise/ earnest replies are appreciated!

 

Thanks

 

1. Yes.

2. New employer files a cap exempt H1B petition. Regular processing more than 4 months and premium processing 15 calendar days.

3. Malaysia or home country.

4. Apply for a H4 visa based on your I797 approval notice.

[ayyappa14]

I do fall in the same scenario please do advise me.

 

1.I got H1 B approved in 2006 visa stamped on OCT 2007 was in US for a year returned to INDIA in 2009 March as my visa was revoked during recession as my company close all of a sudden no option but return back.

 

2.Can i use the same petition under cap exempt for approval again as i didn't use full 6 years.

 

3.Or i need to go for new H1 as since 2006 to 2013 past 6 years since my old H1 petition do clarify.

[jairichi]

I do fall in the same scenario please do advise me.

 

1.I got H1 B approved in 2006 visa stamped on OCT 2007 was in US for a year returned to INDIA in 2009 March as my visa was revoked during recession as my company close all of a sudden no option but return back.

 

2.Can i use the same petition under cap exempt for approval again as i didn't use full 6 years.

 

3.Or i need to go for new H1 as since 2006 to 2013 past 6 years since my old H1 petition do clarify.

Since you have been counted against cap a new employer can file a cap exempt H1B petition anytime and on approval with a valid H1B visa and I797 you can start working for employer.