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H1B visa terminated! Please help me with options!!
I was working in USA till Apr 2012 on H1B. There was an emergency and I was forced to come back to India on Apr 20th 2012. My employer has terminated my H1B as I didn't tell them the specific date when I will be back to USA. Now what are my options to go back to USA and work on H1B? Please help me. I still have 3 years left on my H1B.
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The same employer or a new employer can file a new H1B petition using the CAP from your previous H1B approval notice and request an immediate start date. If the petition gets approved, you can travel back to U.S using the newly approved petition and any valid H1B visa in the passport and start working for the H1B sponsor.Not a legal advice. Use of this information is strictly at your own risk. -
H1B visa terminated! Please help with options!!
Thank you Shervin for the quick answer. How long will this whole process take if the employer files for new H1B under premium processing?
Originally posted by shervin143 View PostComment
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If they file premium processing, it should be approved within 15 days unless a RFE (Request for Evidence) is raised by the USCIS, in which case your employer has to reply with the relevant documents and details requested.
Originally posted by vidyasingampalli View PostThank you Shervin for the quick answer. How long will this whole process take if the employer files for new H1B under premium processing?Comment
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LCA will take about 10 days. Once LCA gets approved, they can file the petition in premium which will take about 15 days to get a decision. In case of an RFE, the 15 day clock will reset until you submit the documents requested in the RFE. The lawyers will take some time to prepare the documents.
Originally posted by vidyasingampalli View PostThank you Shervin for the quick answer. How long will this whole process take if the employer files for new H1B under premium processing?Not a legal advice. Use of this information is strictly at your own risk.Comment
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