"resurrecting" expired H1b visa


abadicd

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Hi;

 

I had an H1b visa in the past (2005-2008). Then during the economic crisis, I was laid off in 2008 and returned to my home country. 

 

Now I want to apply for a job again in the USA with a new H1b visa.

 

My question:

  1. Does my new H1b visa application subject to the H1b cap for this year? Or am I exempted from the cap, knowing that I already had an H1b visa in the past?
  2. Is it possible to "resurrect" or "re-activate" or "reclaim" the H1 visa that I used to have in the past?

On the front page of the Murthy forum, I found this statement:

 

  • An employee who has previously received an H1B visa, or been granted H1B status is generally exempt from the numerical limitations.
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Hi;

 

I had an H1b visa in the past (2005-2008). Then during the economic crisis, I was laid off in 2008 and returned to my home country. 

 

Now I want to apply for a job again in the USA with a new H1b visa.

 

My question:

  1. Does my new H1b visa application subject to the H1b cap for this year? Or am I exempted from the cap, knowing that I already had an H1b visa in the past?
  2. Is it possible to "resurrect" or "re-activate" or "reclaim" the H1 visa that I used to have in the past?

On the front page of the Murthy forum, I found this statement:

 

  • An employee who has previously received an H1B visa, or been granted H1B status is generally exempt from the numerical limitations.

 

1. You are cap exempt.

2. Resurrection is a word used for a living thing that is considered dead and brought back to life. Employer can file a cap exempt H1B petition and on approval you can enter US with a valid H1B visa and new I797.

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