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

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.

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Attorney answers 4


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


It depends when in 2008 you I129 was approved.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



It was effective from oct'2008


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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