Query regarding H1B

[bhasinusc]

Ok this has come as a bit of a surprise for me and would like to check with this forum. I did my MS in US from 2004 to 2006 and after studies I started employment on OPT. the company I was working for applied for my H1B Visa and I was on status from October 21 September 2007. I was then laid off from my work on January 2009 and I immediately came back to India within a week.

Now suddenly a company has called me and told me that I can use my earlier visa since I have used only 1.5 years of the previous Visa. I would like to know whether it is possible for a company to use my earlier H1B visa and sponsor me again?.

Thanks.

[kabkaba]

Yes, they can file a cap-exempt petition for you.

[bhasinusc]

Yes, they can file a cap-exempt petition for you.

Thanks for the response. I have one more question.........After being laid off and before leaving US I had asked a Desi Consultancy to file for a H1B Transfer though later I asked him to cancel the petition. I think that petition had gone into RFE Status.........will it have any effect in my future Petitions that I file from another company in India?

[kabkaba]

No difference.