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  • Query regarding H1B

    Ok this has come as a bit of a surprise for me and would like to check with this forum. I did my MS in US from 2004 to 2006 and after studies I started employment on OPT. the company I was working for applied for my H1B Visa and I was on status from October 21 September 2007. I was then laid off from my work on January 2009 and I immediately came back to India within a week.

    Now suddenly a company has called me and told me that I can use my earlier visa since I have used only 1.5 years of the previous Visa. I would like to know whether it is possible for a company to use my earlier H1B visa and sponsor me again?.

    Thanks.

  • #2
    Yes, they can file a cap-exempt petition for you.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Yes, they can file a cap-exempt petition for you.
      Thanks for the response. I have one more question.........After being laid off and before leaving US I had asked a Desi Consultancy to file for a H1B Transfer though later I asked him to cancel the petition. I think that petition had gone into RFE Status.........will it have any effect in my future Petitions that I file from another company in India?

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      • #4
        No difference.
        This is my opinion and not legal advice.

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