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H1B visa before the Financial Crisis

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  • H1B visa before the Financial Crisis

    Hi,

    I would like to seek your advice on what are the best options I can do to go back to the US.

    I was issued an H1B visa in 2008 together with my family and stayed almost 2 years in the US and I had my son born citizen (he has a US passport) but since I am on non-immigrant visa during the financial crisis early 2010 my company filed chapter 11 and we were out of job since then it was then difficult to transfer our visa to another company they have also several on bench people on the line that left us no choice but to leave to avoid out of status

    I would like to know on what are my options, can I apply for an immigrant visa? right now not much companies are accepting H1B applicants.

    I am hoping for your feedback.

    Thank you,
    Ryan

  • #2
    Well, you have to basically find an employer who can sponsor your H1B. When approved, get the visa stamped and go back to work for the employer.

    1) If you have already spent one year outside U.S, then any employer can file a fresh H1B petition on a new CAP with Oct 1st or later as start date which will get you a fresh 6 year term in H1B.

    2) Any employer can file a H1B petition on your behalf using the previous H1B CAP and request an immediate start date. You will get only 6 year minus whatever time that you have already spent in U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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