Got H1B in 2008 - Can be filed under new employer and not comes under 2013 quota

Asked over 1 year ago - Redmond, WA

Got H1B in 2008 but was on maternity leave and never worked, although maintain the status of H1 till 2010.
In 2010 moved back to India, came back on H4 in 2011.
Now can my H1B be filed under new employer and the case not comes under quota.

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . Maybe, maybe not. The problem here is that maternity leave in the US does not last 2 years.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . It depends when in 2008 you I129 was approved.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleague. It depends on the approval date. Have your employer's attorney review the facts of your situation and advise you on your options.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  4. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . It is contradictory when you say you maintained status but never worked. While on H-1B you are to work for your employer.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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