On H1B for less than 6 years and out of US for less than a year

[vijayahr]

Hi,

Greetings!

Can you please guide me on the following:

A person is on H1 for less than 6 years and out of US of less than a year.

Q1) H1 is still active - Employer neither revoked the employees' H1 nor terminated the employment - employee hasn't submitted any resigantion - employee worked in India for some other company during his stay in India - can the employer get him back to US on the valid H1? Is it legal?

Q2) H1 expired - Employer wish to file the petition under Non-Quota or Quota - Shall we need to consider this as "New Employment:" for both the scenarios (I 129 form)?

Q3) H1 expired - H1 transfer is possible under Non-Quota - please confirm. Also, if it is filed under quota, it will be considered as "New Employment" - rite? Please confirm this too.

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H1 consumed for less than 6 years and out of US for (a) less than a year (b) more than 1 year. Same employer wish to file the petition under Quota or Non-Quota - Shall we need to consider this as "New Employment" always?

Thank you very much in advance
Vijaya

[vijayahr]

Hi,

Greetings!

Can someone get back to me on my query.

thank you very much in advance
Vijaya

[vijayahr]

Hello Everyone,

Greetings!

Can one of you clarify my doubts. As mentioned earlier, i am very new to US immigration and hence trying to gain knowledge on this. Can you one of you get back to me.

Thank you very much in advance
Vijaya

[vijayahr]

hi,

can someone get back to me on my queries.

Your guidance is highly appreciated.

Thank you and you have a great day.
Vijaya

[shervin143]

A person is on H1 for less than 6 years and out of US of less than a year.

Q1) H1 is still active - Employer neither revoked the employees' H1 nor terminated the employment - employee hasn't submitted any resigantion - employee worked in India for some other company during his stay in India - can the employer get him back to US on the valid H1?
>>> Yes.

Is it legal?
>>> Yes.

Q2) H1 expired - Employer wish to file the petition under Non-Quota or Quota - Shall we need to consider this as "New Employment:" for both the scenarios (I 129 form)?

Q3) H1 expired - H1 transfer is possible under Non-Quota - please confirm. Also, if it is filed under quota, it will be considered as "New Employment" - rite? Please confirm this too.

============================================================ ============================================================ =============================
H1 consumed for less than 6 years and out of US for (a) less than a year (b) more than 1 year. Same employer wish to file the petition under Quota or Non-Quota - Shall we need to consider this as "New Employment" always?

>>> As long as the petition gets approved, you can travel to U.S to work for the employer on a valid H1B visa. Whether you call it as a new employment or continuation of the old employment doesn't really matter.

[vijayahr]

Hello Sir,

Thank you very much for answering my queries.

For filling I 129 form, i am not sure which one we need to check, whether new employment or extension. Can you please guide me.

Thank you very much for your precious guidance and time.

Have a great day.
Vijaya