Applying H1-B (Cap Exempt) from outside USA while GC (Labor) is in BALCA

[deep_USA]

Hi There,

I've got a complex situation here. Please help and guide me some way.

Employer A hired me in USA in 2011 while I was on H1-B and filed my GC in June 2012. But, because my H1-B got maxxed-out in Jan 2013, hence my employer relocated me to Canada for a year and now I've got new L1 VISA (valid for next 5 years).

Unfortunately, my employer doesn't find a suitable project for me in USA/Canada and hence, planning to terminate me based on company policy.

Now, in this situation, what can I do to go back to USA..?

1. Can I ask any another company/consultancy to file a new H1-B for me based on my Labor (which is still in process)...??
2. If yes, then I guess, it will be Cap Exempt. Right..??
3. By what time, new employer has to file a new H1-B...? Before my existing employer terminates me..? Will my Labor would be invalidated once my current Employer terminates me...?
4. If I get a new H1-B VISA, can I just get it stampped and come to USA..? Or, there is any other process involved..??


Please help, as I don't have much time left.


Thanks.

[deep_USA]

This is URGENT... Please help..!!

[raghvi]

This is URGENT... Please help..!!

When you say your H1 has maxxed out, do you mean you have exhausted the entire 6 Years physical Stay allowed?

If that is the case then am afraid you have to file a new cap subject H1. Even if there are few weeks remaining in the 6 Year term it can be possible for another employer to file cap exempt H1.

This is my opinion not legal advice.