Canadian HIB laid off and recieved a new USA position

[hds]

I have worked in the States from Canada for 6 years on was on my second H1B renewal which was due in 2013. I got laid off in early 2012 and as a result my HIB was cancelled. I returned back to Canada and have now gotten a new position in the USA and I am not sure what VISA I should get.
1. Can I apply for a new HIB?
2. Are they able to reapply for the same HIB I had with my old employer (am thinking this is unlikely)
3. Should I apply for a TN visa again?

Thanks for your help.

[shervin143]

Your post is very unclear. Were you on H1B status when you were working in U.S before. If yes, how many years were you in U.S in H1B status?

[hds]

Canadian HIB laid off and recieved a new USA position

I was living in the states for 5 and a half years. I had a 1 year TN visa for my first year of work in the USA and was on an H1B thereafter. I had H1B status for 4.5 years. I am in the middle of interviewing for a new position in the USA again and I am not sure what visa is best for my situation given I have had 2 H1Bs with the second H1B visa renewal being cancelled with a year and a half left when I got laid off at the end of feb 2012. I am currently living in Canada.

[shervin143]

1. Can I apply for a new HIB?
2. Are they able to reapply for the same HIB I had with my old employer (am thinking this is unlikely)
>>> Well, if you have time left in your H1B, then any employer can file a new H1B petition for you using the CAP from your previous approval notice and request an immediate start date. You will get only the remaining time in the H1B (6 years - 4.5 years) to stay and work. To extend the H1B beyond the 6th year, the employer should file GC PERM 365 days before the 6th year end.

If you want a fresh 6 year in H1B, then you should wait until next year (Filing in April 2013, work start date will be Oct 1st 2013).

3. Should I apply for a TN visa again?
>>> Yes.

[hds]

Thanks for you reply

Just so I am clear, even though my previous employer has informed UCIS that I am no longer working for them and my H1B status is no longer valid. UCIS doesn't cancel my H1B when they were informed of my lay-off?

[shervin143]

The petition would have been revoked. Revoking a petition by the employer means, you cannot use that petition to work for that employer anymore. However, the CAP from that petition will still remain valid and it can be used to file a new petition (aka transfer) with any U.S employer under the same CAP.

Thanks for you reply

Just so I am clear, even though my previous employer has informed UCIS that I am no longer working for them and my H1B status is no longer valid. UCIS doesn't cancel my H1B when they were informed of my lay-off?

[hds]

thank you for your advice, I would never have known that about my H1B.