H1 reinstate

[Ammu82]

Hi All,

My first H1 started in 2006 through employer A. Later I moved to employer B in 2007. In 2008, I moved to employer C. From January to July of 2010, I was on H4. In July I converted back to H1 through Employer C. In October 2010, I had to move out of US due to family reasons. In November, employer C has revoked my H1. Can this H1 be re-instated by employer C as I have spend more than a year out of US. Please note that I have not completed the complete 6 years on my H1 so far.

Appreciate your early help in this regard.

Thanks!!!!!

[shervin143]

You have two options.

1) Since you haven't completed 6 years in your H1B CAP, any employer can file a new H1B using the CAP from your previous H1B approval notice and request an immediate start date. You will get only the remaining period in that CAP. Once you reach the 6 year linit, you will have to stay out of U.S for 1 whole year to get a fresh 6 year period.

2) Since you have already spend 1 year outside U.S, wait until April 1st 2012 and file a new petition under a new CAP (H1B start date of Oct 1st 2012). You will get a fresh 6 year term.

[Ammu82]

Thanks and I-140

Thanks Shervin for your response.

My I-140 was approved when I left US in October 2010. I assume this would allow me to apply for 3 years H1 extension again without being out of US for one year. Please correct me if I am wrong.

Thanks!!!!

[shervin143]

That is correct.

Thanks Shervin for your response.

My I-140 was approved when I left US in October 2010. I assume this would allow me to apply for 3 years H1 extension again without being out of US for one year. Please correct me if I am wrong.

Thanks!!!!

[Ammu82]

Thanks

Thank you shervin143.