Was on H1B from 2006 to 2008, planning to apply again, need some help

[999sign]

Hello,

I was on H1B visa from 2006 to 2008, in those last two years I worked in one of the top 3 consulting firms on full time. Because of the layoffs, I lost the job. I came back immediately as I had other business plans in India.

Things didn't go as planned, had to apply for Divorce(not Mutual) in family court in India.

I need help in finding:

1) I heard that I may be exempt from visa cap. Is it true?
2) Will there be any issues in applying for H1, when my divorce proceedings are underway in court?
3) I didn't work since I was back from US, but managing other businesses, so don't have paystubs etc. Will this hamper my chances of getting visa?

Thanks!
Shankar

[raghvi]

Hello,

I was on H1B visa from 2006 to 2008, in those last two years I worked in one of the top 3 consulting firms on full time. Because of the layoffs, I lost the job. I came back immediately as I had other business plans in India.

Things didn't go as planned, had to apply for Divorce(not Mutual) in family court in India.

I need help in finding:

1) I heard that I may be exempt from visa cap. Is it true?
2) Will there be any issues in applying for H1, when my divorce proceedings are underway in court?
3) I didn't work since I was back from US, but managing other businesses, so don't have paystubs etc. Will this hamper my chances of getting visa?

Thanks!
Shankar

I dont think you are cap exempt as your H1 was applied over 6 Years back and you have been outside US for over 6 Years now.

This is my opinion not legal advice.