H1-B Period Left

[test2010]

I started working on a H1-B from Oct 2006 in the US with a company. I quit and came back to India 9 months ago in Nov 2009. While I was there, I had a valid I-797 that mentioned I had a valid H1-B visa till June 2011.

I have just got hired in the US by another company, and am currently living in India.

Since my old I-797A (H1-B Petition) from the previous employer is valid till June 2011. This allows my new employer to apply for my new H1-B under the old cap.

• I started working on a H1-B on Oct 2006 for my old employer. Since I quit and came back in Nov 2009, does this mean that I used only 3 years of the H1-B period and I still have 2 years (excluding the 6th year extention) left to be allowed to work in the US on a H1-B?

• Or do they count the 9 months I have been in India not working for a US company as part of the H1-B period leaving me with only 1 year and 3 months more of possibly working on a H1-B?

• When my new employer applies for my new petition under the old cap since I still have a valid I-797 till June 2011. Will he able to get a new I-797A with an expiry date 2 years from now?

• If the new employer gets a new I-797 with an expiry date of June 2011, will it be hard for me to get a Visa at the US embassy?

• My new employer has mentioned that they dont mind applying for my petition via premium process. What is the best way for my employer to approach applying for my petition considering I want to avail the maximum amount of time possibly left to work on a H1-B and I want to start work as soon as possible?

Thank You!

[Subramanya]

I started working on a H1-B from Oct 2006 in the US with a company. I quit and came back to India 9 months ago in Nov 2009. While I was there, I had a valid I-797 that mentioned I had a valid H1-B visa till June 2011.

I have just got hired in the US by another company, and am currently living in India.

Since my old I-797A (H1-B Petition) from the previous employer is valid till June 2011. This allows my new employer to apply for my new H1-B under the old cap.

I started working on a H1-B on Oct 2006 for my old employer. Since I quit and came back in Nov 2009, does this mean that I used only 3 years of the H1-B period and I still have 2 years (excluding the 6th year extention) left to be allowed to work in the US on a H1-B?

---- Your total period on H1 is 6 years. You can apply for a H1 transfer with anewe employer at any time


Or do they count the 9 months I have been in India not working for a US company as part of the H1-B period leaving me with only 1 year and 3 months more of possibly working on a H1-B?

---- You can reclaim the 9 months of H1 that you were not resent in the US, in addition to the 3 years of H1

When my new employer applies for my new petition under the old cap since I still have a valid I-797 till June 2011. Will he able to get a new I-797A with an expiry date 2 years from now?

---- Yes, you can get a new I-797A

If the new employer gets a new I-797 with an expiry date of June 2011, will it be hard for me to get a Visa at the US embassy?

---- If you have a valid visa stamped on your Passport from your previous employer till June 2011, there is no need for you to apply for a new visa. You can return to the US on the oldstamped valid visa showing your new I-797A from the new employer

My new employer has mentioned that they dont mind applying for my petition via premium process. What is the best way for my employer to approach applying for my petition considering I want to avail the maximum amount of time possibly left to work on a H1-B and I want to start work as soon as possible?

---- Yes, applying H1 by PP will get you the new H1 faster than normal and within 15 days

Subramanya