Completed only 4 yrs in US and visa expired, How can I enter US again...

[bindaasamit]

Here are the facts of the case before I put down my query

·         i797 was approved in Sept 2007 for the duration 2007-2010. Was in the US during this period

·         It was again renewed in Sept 2010 for the duration 2010-2013. Was in the US till May 2012.

·         Travelled to India in May 2012, but was rejected when I went or stamping(was given a 221g-employer refused to furnish documents to support my visa case). Looks like on grounds of me "working out of client and not employer location"

Now my query is - How can I re-enter the US?. I understand I am quota exempt as I have only spent 4 1/2 years of the entire previous 6 years duration in the US.

 

But do

·         Do I need to file for a new H1?

·         Do I need to transfer my H1 to a new employer

·         Can I try again with my old employer? Is this not risky as my visa was rejected when I was on his payrolls.

·        

I am confused here and would really appreciate your advise on this.

 

Thanks in anticipation!

[jairichi]

Employer has to file a cap exempt H1B petition. It can be any employer.

[JoeF]

A new employer can file an H1 petition for you. That's usually called transfer. The old employer seems to be a fraud, so why would you want to go with him again?

Once that H1 petition is approved, you can get a new H1 visa to travel to the US.

[pontevecchio]

1. You cannot file. You will need a H1 sponsor to file. It is always a new H1 petition though non cap.

2. See 1. Also a "transfer" is a new non cap H1 petition.

3. Why not look for a good sponsor to file a new cap subject H1 potentially giving you 6 years more in total.?.