regd a query on using past H1 Visa petition

[infoqry]

Hello Gurus,


I was in USA on H1-B from Apr 2006 - Apr 2012 for 6 years and I have come back to India. I had two H1-B's from two different companies in 2005 and I have used one H1-B at that time in 2006 and came to USA.

I also applied for H1-B in 2002 and at that time when I went for stamping I had refusal as 221-g asking for more details from the company in USA. Subsequently I have dropped my idea of going for stamping again with that company's H1-B Visa.


I have a query now. Can I use either H1-B petition of 2002 or the unused H1-B petition of 2005, to come to USA. If it can be done I want to try the option of H1-B Transfer with one of this two petitions applied for me earlier.


Can someone please clarify.


Regards,

[raghvi]

Hello Gurus,


I was in USA on H1-B from Apr 2006 - Apr 2012 for 6 years and I have come back to India. I had two H1-B's from two different companies in 2005 and I have used one H1-B at that time in 2006 and came to USA.

I also applied for H1-B in 2002 and at that time when I went for stamping I had refusal as 221-g asking for more details from the company in USA. Subsequently I have dropped my idea of going for stamping again with that company's H1-B Visa.


I have a query now. Can I use either H1-B petition of 2002 or the unused H1-B petition of 2005, to come to USA. If it can be done I want to try the option of H1-B Transfer with one of this two petitions applied for me earlier.


Can someone please clarify.


Regards,

I am afraid not. If one has spent 6 Years on H1 status irrespective of the company , then one needs to file fresh H1 petition after completion of 1 Year stay outside US.

This is my opinion not legal advice.

[infoqry]

I am afraid not. If one has spent 6 Years on H1 status irrespective of the company , then one needs to file fresh H1 petition after completion of 1 Year stay outside US.

This is my opinion not legal advice.

Hello Raghvi,


Thanks for the reply.


Regards,