Worked on H1B earleir, can a employer file new H1B in exempt category?

[pgp]

Hi,

I was on H1b visa for 8+ years earlier. Had to return to India around 4 years back on personal emergency (2010). My I140 was approved then. Can any employer sponsor a new H1b under exempt quota now (2014)?  What are my options of returning to US? Thanks very much. Regards,

[t75]

How much unused time do you have from the original 6 years?  You will only get that unless you go through next years quota.

[jairichi]

Hi,

I was on H1b visa for 8+ years earlier. Had to return to India around 4 years back on personal emergency (2010). My I140 was approved then. Can any employer sponsor a new H1b under exempt quota now (2014)?  What are my options of returning to US? Thanks very much. Regards,

If your I-140 is not revoked by employer then any employer can file a cap exempt H1B petition.

[jairichi]

Hi,

I was on H1b visa for 8+ years earlier. Had to return to India around 4 years back on personal emergency (2010). My I140 was approved then. Can any employer sponsor a new H1b under exempt quota now (2014)?  What are my options of returning to US? Thanks very much. Regards,

If your I-140 is not revoked by employer then any employer can file a cap exempt H1B petition.

[pgp]

Hi Jairichi,

 

Thanks very much for your reply.

 

I checked my case status at https://egov.uscis.gov/cris/Dashboard/CaseStatus.do. It gave:

 

=====

OMB control no. 1615-0080

Expiration date 6-30-2012

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1. Can you please share what the above means. I heard that companies normally don't revoke, as it seems there is a fee to revoke.

 

2. For someone who has had H1B in past (with some unused period left in approved 6+ years H1 extension), his employer can file a new H1B under exempt category, irrespective of I140, true/false? What advantage does a approved I140 provide?

 

Regards,

Prakash

[pgp]

How much unused time do you have from the original 6 years?  You will only get that unless you go through next years quota.

Hi T75,

 

Thanks for your reply. I may have had 6+ months of holidays (being outside US) in the first 6 years. After 6 years, I got H1 extension for 3 more years, and there was some validity left when I left US. Please let me know my options.

 

Thanks,

Prakash

[pgp]

Hi, Sorry for not being clear earlier. It seems my company got me H1 extension beyond 6 years using I140. I was into 8th year of stay. I lost that extended H1 status when I left US 4 years back. Now can any employer file H1B under exempt category?

Thanks,

[jairichi]

Hi, Sorry for not being clear earlier. It seems my company got me H1 extension beyond 6 years using I140. I was into 8th year of stay. I lost that extended H1 status when I left US 4 years back. Now can any employer file H1B under exempt category?

Thanks,

If your I-140 is not revoked by employer then any employer can file a cap exempt H1B petition.