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Hi,
I have unique situation here. I was working in US from 2007 mid to 2010 beginning. Left my job in US moved to India with H1B petition expiring in July 2010. After coming to India I traveled to US in April on B1 for 20 odd days on purely business trip.
Now I plan to go back to US and work there. One consulting firm is offering me following:
1. I travel on my B1 and after 60-90 days they will file for COS.
2. Since I already have H1 years left so I would not be filed against cap and I can immediately start working when I get my H1.
Questions/concerns:
1. Is it true that H1 which is not filed against cap does not require you to go back for stamping back to your home country.
2. What if at port of entry on Bi I am given NO AOS/COS stamp. I heard its given to few people but not sure whats it for and why people get it.
3. Also heard that there are cases when people have there old H1 visa numbers reused so then they are counted against cap. If that's the case they have to wait till Oct to work. Is that true. Then it makes more sense to file for new H1 after Oct(of course if there is still quota left after Oct)
4. Also does it make any difference of amount of time I am out of US. I heard things like you should be out for a year or another perspective that if you are out for more than year then it might cause issues for filing against old H1 number.
Look forward to your help. Will provide any more information if needed.
I have unique situation here. I was working in US from 2007 mid to 2010 beginning. Left my job in US moved to India with H1B petition expiring in July 2010. After coming to India I traveled to US in April on B1 for 20 odd days on purely business trip.
Now I plan to go back to US and work there. One consulting firm is offering me following:
1. I travel on my B1 and after 60-90 days they will file for COS.
2. Since I already have H1 years left so I would not be filed against cap and I can immediately start working when I get my H1.
Questions/concerns:
1. Is it true that H1 which is not filed against cap does not require you to go back for stamping back to your home country.
2. What if at port of entry on Bi I am given NO AOS/COS stamp. I heard its given to few people but not sure whats it for and why people get it.
3. Also heard that there are cases when people have there old H1 visa numbers reused so then they are counted against cap. If that's the case they have to wait till Oct to work. Is that true. Then it makes more sense to file for new H1 after Oct(of course if there is still quota left after Oct)
4. Also does it make any difference of amount of time I am out of US. I heard things like you should be out for a year or another perspective that if you are out for more than year then it might cause issues for filing against old H1 number.
Look forward to your help. Will provide any more information if needed.
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