Does H1B Cap apply to me....

[tryingharder]

Hello,

I came to the US in 2006 and was there untill 2011. My Visa stamping expired ins 2008; however I got the H1b extension first until 2011 and then until 2014. My 140 was approved.

So, I have approved H1B papaers until 31st march 2014.

I left US in January 2012 to pursue an MBA in India, which completed in 2013. Now, if I want to go back to the US:

1. Does the 65K cap apply to me (I have been out of the US for over 18 months)
2. If a new employer (other than my previous employer) wants to hire me, can it or I can only go to my original employer?

Please help.

Vineet

[kabkaba]

You have used the complete quota of 6 years in the previous petitions. One important thing to know is whether your previous employer has withdrawn their I-140 or not. If not, you may be able to qualify for post-6 year extension based on the approved I-140. You will have to consult an experienced immigration attorney for this.

[tryingharder]

You have used the complete quota of 6 years in the previous petitions. One important thing to know is whether your previous employer has withdrawn their I-140 or not. If not, you may be able to qualify for post-6 year extension based on the approved I-140. You will have to consult an experienced immigration attorney for this.

Thanks for the response, yes I have used the initial 6 years, but I got an extension of another 3 years (total 9 years) based on my approved I-140. My extended H1b is until 31st march 2014. Would be great if you can throw some light.

[lisaanderson]

Hello,

I came to the US in 2006 and was there untill 2011. My Visa stamping expired ins 2008; however I got the H1b extension first until 2011 and then until 2014. My 140 was approved.

So, I have approved H1B papaers until 31st march 2014.

I left US in January 2012 to pursue an MBA in India, which completed in 2013. Now, if I want to go back to the US:

1. Does the 65K cap apply to me (I have been out of the US for over 18 months)
2. If a new employer (other than my previous employer) wants to hire me, can it or I can only go to my original employer?

Please help.

Vineet

1. You are not subject to the cap.
2. If a new employer wants to hire you, the company must file a new H-1B petition transfer. You need to get a visa stamp and return after that new H-1B is approved. Even if you are returning to original employer, you will need to get a visa stamp first.

[tryinghard]

1. You are not subject to the cap.
2. If a new employer wants to hire you, the company must file a new H-1B petition transfer. You need to get a visa stamp and return after that new H-1B is approved. Even if you are returning to original employer, you will need to get a visa stamp first.

Thanks for the response, can you please share the basis of your information. Would love to understand it.