H1 B Petition validity for future company...

[imuser123]

Hi,
I am going back to India on March’13 after completing 5 years on L1 visa (Via company “A”). The same company is going to file my H1B visa on April’13. My questions are… In case my H1B petition gets approved My question are..

1) For how long my H1B petition will be valid if I travel after one year break?
2) In case if the company “A” does not send me on H1 visa, Can company “B” use same petition to file new H1 B visa?
3) If yes, within what time frame company “B” needs to file my new H1B visa? Within 6 years?

Thanks in advance…

[kabkaba]

Hi,
I am going back to India on March’13 after completing 5 years on L1 visa (Via company “A”). The same company is going to file my H1B visa on April’13. My questions are… In case my H1B petition gets approved My question are..

1) For how long my H1B petition will be valid if I travel after one year break? -- It does not matter when you travel. Petition has to be filed after 1 year break in order to reset the 6 year limit.
2) In case if the company “A” does not send me on H1 visa, Can company “B” use same petition to file new H1 B visa? -- They can use the cap number from that petition to file their own petition. But that will still limit you to the 6 year limit.
3) If yes, within what time frame company “B” needs to file my new H1B visa? Within 6 years? -- Yes.

Thanks in advance…

See above.

[imuser123]

Thanks for quick reply. few more questions.

1) If company “A” files my H1b petition before one year break, I will not be eligible for reset the limit. Right?
2) Suppose I get my H1 B petition approved before one year break from company “A”. And after one year break company “B” apply new H1B using existing H1 B petition. Does it subject to H1 B visa cap for that year?
Please suggest..
Thanks

[kabkaba]

Thanks for quick reply. few more questions.

1) If company “A” files my H1b petition before one year break, I will not be eligible for reset the limit. Right? -- Yes
2) Suppose I get my H1 B petition approved before one year break from company “A”. And after one year break company “B” apply new H1B using existing H1 B petition. Does it subject to H1 B visa cap for that year? -- Both are possible. If cap-exempt petition is filed at that time, you will be subject to the 6 year limit. If cap-subject petition is filed by B (without using the cap from A's petition), then you will get fresh 6 years.
Please suggest..
Thanks

See above.