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Second H1-B, no quotas, no dealines?

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  • Second H1-B, no quotas, no dealines?

    Hello,

    I worked for a U.S. company in 2009-2010 under an approved H1-B visa.

    I lost the job in 2010 and moved back to my country of origin.

    A new U.S. company is interested in hiring me. I've been told that for subsequent H1-B visa applications, there is NO QUOTAS, (and no deadlines?) the visa could be approved in as fast as 3 weeks.

    Is this correct?

  • #2
    Each H1B CAP is valid for 6 years. Since you already have an H1B approval notice, you are already CAP counted. Any new employer can file a new H1B petition under the CAP from your previous H1B approval notice and request an immediate start date. However, you will get only 6 year minus the time that is already used in that CAP.

    The decision on your petition can take anywhere between 1-4 months. There is a premium processing which will get you the result within 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Each H1B CAP is valid for 6 years. Since you already have an H1B approval notice, you are already CAP counted. Any new employer can file a new H1B petition under the CAP from your previous H1B approval notice and request an immediate start date. However, you will get only 6 year minus the time that is already used in that CAP.

      The decision on your petition can take anywhere between 1-4 months. There is a premium processing which will get you the result within 15 days.

      Thank you very much for the clarification.

      smeagle wanxalot

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