Re-initiating the Old H1-B Petition...Is this possible

[ahamed_123]

I had h1-b petition filed in apr 2007 under subject to CAP, travelled to USA from sep 2008 to Feb 2010. (1.5 years). Again spent 6 months in India and again travlled to usa in L1 from June 2010 to Feb 2013 (2 years 5 Months)...now in India from feb 2013.. Total stay in USA is 4 years (L1+H1).

Questions:

1) Can my new employer counter against my old H1 petition under CAP Exempt now?

2) Will I get visa for remaining 2 years in 6 years period or fresh 6 years, as I almost spent 1 year outside of USA.

3) Is there any time limit/expiry period to follow this re-initiating old H1 ( Counter against old h1 petition) Process.2).Its been more than 6 years,since my first petition applied - Apr 2007, so can we re-apply/counter against the old petition?

Please answer these three questions..Eagerly waiting to fly back to USA and work... Thx

[Nattybone]

I had h1-b petition filed in apr 2007 under subject to CAP, travelled to USA from sep 2008 to Feb 2010. (1.5 years). Again spent 6 months in India and again travlled to usa in L1 from June 2010 to Feb 2013 (2 years 5 Months)...now in India from feb 2013.. Total stay in USA is 4 years (L1+H1).

Questions:

1) Can my new employer counter against my old H1 petition under CAP Exempt now?

2) Will I get visa for remaining 2 years in 6 years period or fresh 6 years, as I almost spent 1 year outside of USA.

3) Is there any time limit/expiry period to follow this re-initiating old H1 ( Counter against old h1 petition) Process.2).Its been more than 6 years,since my first petition applied - Apr 2007, so can we re-apply/counter against the old petition?

Please answer these three questions..Eagerly waiting to fly back to USA and work... Thx

Hello, Ahamed.

1) Yes. You can file for a Cap exempt H1. Basically, you will be just reviving an existing H1 petition - so you are cap exempt because it is an existing H1.
2) You have spent 1 year in India but the L1 and H1 petitions were not filed when you were in India, the petitions do not have a 1 year gap. i.e.: You return to India, stay 1 year in India and then file a fresh petition, then the gap comes into picture. As there is a clear overlap here, i feel you will not have fresh 6 years on this H1B.
3) To revive an old H1B, it is allowed if someone has maintained H1B status for some time in the last 6 years. Which you did (Feb 2010).

I hope this helps.

Cheers,