Need urgent H-1B help

[h1b_help]

Need urgent H-1B help. Will really appreciate any help. Here is my current scenario:

First H-1B - Oct 2005 to Sep 2008
Second H-1B - Oct 2008 to Sep 2011

Both with same employer. I-140 also approved with the same employer with priority date Oct 2007.

Left US & returned back to India for personal reasons in Jan 2011. Planning to come back. Old employer says ready to file but saying waiting for a good contract for the past few months. I am not sure how long I will have to wait. A new employer is ready to file H-1B immediately. I am not sure whether to wait for the old employer or go with the new one.

1) Can you please let me know what's the safest & best option - old or new employer - with respect to both H-1B approval as well as stamping at the consulate?
2) What is the current H-1B scenario? How difficult would it be in my case to get the H-1? (Will they ask why I am trying to come back after getting good experience already in the US and what should be the best reply from my side?)

Appreciate any help. Thanks in advance.

[shervin143]

Looks like you have already completed 6 years in U.S. You will need a H1B under a new CAP to work for a new employer. The current employer can file the H1B extension based on the approved I-140. In you case, getting back to work for the employer who filed your I-140 is the safest bet.

[h1b_help]

Thanks a lot for the info shervin.

I haven't used up around 7-8 months on my H-1B since I returned in Jan 2011 and my visa was til Sep 2011. So, can the new employer still file an extension without going for the new H-1B CAP even if my approved I-140 is from the previous employer?

[shervin143]

If you haven't used all 6 years, then any employer can file a new H1B petition using the old CAP and recapture the remaining period in your CAP. In order for the new employer to file the 7th year extension, their PERM and I-140 should be approved. The chnaces of that happening within 7-8 months are pretty less.

Thanks a lot for the info shervin.

I haven't used up around 7-8 months on my H-1B since I returned in Jan 2011 and my visa was til Sep 2011. So, can the new employer still file an extension without going for the new H-1B CAP even if my approved I-140 is from the previous employer?

[h1b_help]

Thanks shervin. This information was really helpful. Didn't know earlier that even if I go with the new employer, he wouldn't be able to file my 7th year extension without his PERM & I-140 getting approved.

In that case, can you please let me know if I can file H-1B using the old CAP with the new employer for the remaining 7-8 months and then go for one of the following options?

1) Transfer my H-1B to the previous employer after coming to the US within the 7-8 months and then go for extension?
2) Directly file the extension with the previous employer without even going for the transfer?

Really appreciate your help.

If you haven't used all 6 years, then any employer can file a new H1B petition using the old CAP and recapture the remaining period in your CAP. In order for the new employer to file the 7th year extension, their PERM and I-140 should be approved. The chnaces of that happening within 7-8 months are pretty less.

[regsvs]

If you had a copy of 140 from old employer then your 2nd employer can use that and try to get u a 3year ext. but once u go there And want to stick with new employer then new employer should start the GC process again but can port it. For now to be on safe side For visa go with the employer who is having less layers or no layers with the client or internal. You can transfer to any employer u want after going to US

Thanks shervin. This information was really helpful. Didn't know earlier that even if I go with the new employer, he wouldn't be able to file my 7th year extension without his PERM & I-140 getting approved.

In that case, can you please let me know if I can file H-1B using the old CAP with the new employer for the remaining 7-8 months and then go for one of the following options?

1) Transfer my H-1B to the previous employer after coming to the US within the 7-8 months and then go for extension?
2) Directly file the extension with the previous employer without even going for the transfer?

Really appreciate your help.