H1(cap exempt)-H4-H1

[h4spouse]

Hello,

 

I did my Masters here and got my first job at a university on my F1-OPT. My employer(University) applied my H1 and it was valid from 2009 Aug to 2012 Aug. However, due to a departmental reorg, I was laid off in May 2011 after which I went back to my Home country(India). I returned to US in Dec 2012 on H4. I am thinking of starting to work again. Here are my querries:

 

1. Since my previous H1 was a cap-exempt one, can my future employer file my H1 anytime(i.e, in Dec 2013 or later). Will I be cap exempted again?

2. If so, will it be a H1 transfer or a new H1 under Master's quota.

3.After layoff, I am sure that my H1 was revoked or cancelled. So, will I be still be able to claim my previous H1 unused period(i.e, May 2011 to Aug 2012).

4.Since I was away from the country for more than 1 year(May 2011-Dec 2012) and also since I am on H4 since Dec 2012-till date, does my 6 yr H1 period gets exhausted.

 

Thank you for reading my question and for your valueble inputs.

[jairichi]

Hello,

 

I did my Masters here and got my first job at a university on my F1-OPT. My employer(University) applied my H1 and it was valid from 2009 Aug to 2012 Aug. However, due to a departmental reorg, I was laid off in May 2011 after which I went back to my Home country(India). I returned to US in Dec 2012 on H4. I am thinking of starting to work again. Here are my querries:

 

1. Since my previous H1 was a cap-exempt one, can my future employer file my H1 anytime(i.e, in Dec 2013 or later). Will I be cap exempted again?

2. If so, will it be a H1 transfer or a new H1 under Master's quota.

3.After layoff, I am sure that my H1 was revoked or cancelled. So, will I be still be able to claim my previous H1 unused period(i.e, May 2011 to Aug 2012).

4.Since I was away from the country for more than 1 year(May 2011-Dec 2012) and also since I am on H4 since Dec 2012-till date, does my 6 yr H1 period gets exhausted.

 

Thank you for reading my question and for your valueble inputs.

1. If your future employer is a non-profit organization you are cap exempt otherwise you are cap subject i.e. employer can apply only in April 2014.

2. Refer answer 1.

3. Yes, only in cap exempt non-profit employment.

4. You will get 6 years since you stayed outside US for 6 years whether filed as cap subject with for profit organization or cap exempt with non-profit organization.

[itsmeusa]

1. Yes, cap exempt.

2. Fresh H1b

3. Yes

4. No

[pontevecchio]

1. Yes. You have almost 4 years of H1 time remaining.

2. It is always a new non cap H1 petition by the sponsor. The Masters is immaterial in this scenario.

3. IT IS REQUIRED TO REVOKE the H1 petition once you are laid off. That has no effect on you. See 1.

4. H4 periods do not count in any case. If one is away for one year or more then one can avail of the remainder option of H1 time remaining not cap subject and with the petition being filed anytime OR one can find a H1 sponsor to file in April for a start date in October and this petition is subject to the lottery and cap.

[h4spouse]

1. If your future employer is a non-profit organization you are cap exempt otherwise you are cap subject i.e. employer can apply only in April 2014.

2. Refer answer 1.

3. Yes, only in cap exempt non-profit employment.

4. You will get 6 years since you stayed outside US for 6 years whether filed as cap subject with for profit organization or cap exempt with non-profit organization.

 

Thank you all for your prompt replies. So, according to Jairichi, only if the future employer is a non-profit or university, then my H1 will be cap exempted.What if the future employer is not a non-profit or higher ed institute.  I request pontevecchio and itsmeusa to tell their opinion on this.