H1b cap exempt . I was in U . S for 36 months on h1b . came back to India 2 years back . and h1B visa expired .

Asked almost 2 years ago - Columbus, IN

I got my h1B stamped in October 2006 for 2 years . I came to U . S in March 2007 . Applied for h1B extension in October 2008 and got it stamped till July 2011 . I came back to India in January 2011 . and working in India for last two years . Now , Can another employer file new h1B cap exempt for remaining three years . ? . if yes , can i travel any time once it is stamped ?

Attorney answers (6)

  1. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes.

    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. Lalita Haran

    Contributor Level 14

    3

    Lawyers agree

    Answered . Yes. A new employer may apply for the balance of the period to a maximum of 3 years if you have not exhausted your 6 yr maximum eligibility. To enter you would need a valid unexpired H1 visa. Best Wishes!
    Lalita Haran
    Attorney
    Practice Area: Immigration Law
    13295 Illinois St., Ste. 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

  3. Myron Russell Morales

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . It sounds like a new employer can submit a petition since you are already counted under the cap.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    3

    Lawyers agree

    Answered . I agree with my colleagues

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  5. Rebecca T White

    Contributor Level 15

    1

    Lawyer agrees

    Answered . From what you describe it sounds as if you can likely have a new employer file a new cap exempt petition, but it is important you have everything fully reviewed before making assumptions and moving forward. If I can be of further assistance please let me know.

  6. Samir Bhatt

    Pro

    Contributor Level 3

    1

    Lawyer agrees

    Answered . It appears that you have not exhausted your 6 year limitation, therefore, another employer could file an H-1B petition on your behalf. Once the H-1B petition is approved and the US Consulate in India issues the visa stamp, you would be eligible to enter the US and commence employment. If you have further questions, I would recommend setting up a consultation.

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