H1B expired, not used H1B - planing to come back to USA with different employer

[the1]

My H1B got approved in 2007 and I came to USA in January 2008 . Due to some reasons I had to go back to INDIA in 2008 October. And now I'm planning to come back to USA. Please provide suggestions on my below questions,

1. I'm not sure if my employer has cancelled or withdrawn my H1b - does it matter

2. Is it possible to come to USA with different employer

3. If I come with different employer will it comes under cap exempt

4. Or Do I need to file new H1B in April again.

5. It's been more than 6 years, will I still be eligible to cap exempt under new employer

Please suggest.

[jairichi]

1. That petition would have expired long back.

2. New employer files a cap exempt H1B petition anytime and with a H1B visa and I797 you can enter US.

3. Yes.

4. Refer 2.

5. Yes.

[the1]

Hi Jairichi,

 

came to know from attorney that it will not come under H1B CAP exempt because it is not with past 6 years. And now I'm planning to second opinion.

 

just trying to understand what is the baseline to count as past 6 years(is there any rule that says it should be with in past 6 years).

 

For example:

H1B visa(or I-797) validity - oct 2007 to sep 2010. and the candidate was in USA in 2008 just for couple of months and went back to home country. Sep 2010(which is H1B exp date), which means it is within past 6 years of his H1B validity period(oct 2007 - sep 2010). is he still considered as CAP EXEMPT.

 

[jairichi]

Hi Jairichi,

 

came to know from attorney that it will not come under H1B CAP exempt because it is not with past 6 years. And now I'm planning to second opinion.

 

just trying to understand what is the baseline to count as past 6 years(is there any rule that says it should be with in past 6 years).

 

For example:

H1B visa(or I-797) validity - oct 2007 to sep 2010. and the candidate was in USA in 2008 just for couple of months and went back to home country. Sep 2010(which is H1B exp date), which means it is within past 6 years of his H1B validity period(oct 2007 - sep 2010). is he still considered as CAP EXEMPT.

I would suggest you to talk with an attorney from Murthy law firm. You will be cap exempt.

[alienonwaiting]

I have stamped H1B visa that was filed by some consultant in Year 2007. I never came on that visa and it was never utilized.

Visa issue Date : 27 Aug 2007
Visa Expiration Date : 31 Aug 2010

I was in USA in L1B from 2010 to 2013.

Would I qualify for a CAP Exempt application. I tried with my existing employer(MNC) as well and they are not entertaining more than 6 years old visa.

 

Please suggest !!

[jairichi]

I have stamped H1B visa that was filed by some consultant in Year 2007. I never came on that visa and it was never utilized.

Visa issue Date : 27 Aug 2007

Visa Expiration Date : 31 Aug 2010

I was in USA in L1B from 2010 to 2013.

Would I qualify for a CAP Exempt application. I tried with my existing employer(MNC) as well and they are not entertaining more than 6 years old visa.

 

Please suggest !!

Yes, you will be considered cap exempt. Talk to an attorney from Murthy law firm for confirmation.