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H1 after 6 years staying out of country

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  • H1 after 6 years staying out of country

    Hi,

    I got H1b in 2008 and worked in USA for 6 months and went to India in Jan 2009. As I wanted to stay in India for some time I got married and settled in india till today. But I want to come back to USA in 2015, If I want to apply for H1B, does I come under regular lottery or does it come under transfer (As 5 more years left from my previous H1B). Multinational company offered me H1B, but they said they are going to check with their lawyers to find out the available options for my H1B. In the mean time I would like to get some help from immihelp to see what are the best available options available.

    Any help is appreciated.

    Thanks in Advance.


  • #2
    Originally posted by donreturns View Post
    Hi,

    I got H1b in 2008 and worked in USA for 6 months and went to India in Jan 2009. As I wanted to stay in India for some time I got married and settled in india till today. But I want to come back to USA in 2015, If I want to apply for H1B, does I come under regular lottery or does it come under transfer (As 5 more years left from my previous H1B). Multinational company offered me H1B, but they said they are going to check with their lawyers to find out the available options for my H1B. In the mean time I would like to get some help from immihelp to see what are the best available options available.

    Any help is appreciated.

    Thanks in Advance.

    When you say Jan 2009 what si the exact date? Your employer has time till Jan 2015 , 6 Years from last held H1 status, to file a cap exempt petition. After that you will most likely have to go through fresh cap.

    This is my opinion not legal advice.

    Comment


    • #3
      Hi

      Originally posted by raghvi View Post
      When you say Jan 2009 what si the exact date? Your employer has time till Jan 2015 , 6 Years from last held H1 status, to file a cap exempt petition. After that you will most likely have to go through fresh cap.

      This is my opinion not legal advice.
      HI I would like to ask a question

      I have applied for H1b in 2008 and my application picked up in lottery , when i asked my friends recently they said still my application is valid and i can attend for stamping if i have client letter .
      can any one please through some light on this and provide necessary details.

      Thanks and Much appreciated.

      Thanks
      Raghu

      Comment


      • #4
        Originally posted by arpraneethakula View Post
        HI I would like to ask a question

        I have applied for H1b in 2008 and my application picked up in lottery , when i asked my friends recently they said still my application is valid and i can attend for stamping if i have client letter .
        can any one please through some light on this and provide necessary details.

        Thanks and Much appreciated.

        Thanks
        Raghu
        So do you have a client letter?

        As far as I know the petition should be filed within last 6 years or one should be in H1 status in last 6 Years. If neither is valid one should file a fresh petition. When in doubt, talk to an attorney.

        This is my opinion not legal advice.

        Comment

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