work from canada on h1b

P

prani

New Member
I am currently on TN status working almost 90% from home in Canada. My company wants me to apply for H1B this year. Can I work from home in Canada on H1B?

I had a H1B before in 2005. The last time I was on H1B was in August 2009. Can my company apply my H1B as cap exempt (As my H1B status was more than 6 years)?
 
You can do what you want from Canada- don't need a US status. You already asked about being cap exempt elsewhere.
This is a TN forum, not H1-B.
 
Hi nelsona, it was not me who asked the question about cap exempt. I believe it was user 'snehatest'. I am in a similar situation.

I got the following reply from our company's lawyers:
"you will be subject to the lottery if it has been six years or more since you were last counted against the H-1B cap or last held H-1B status"

In August 2009, my H-1B (extension) visa was rejected and my H-1B petition might have been revoked (no clue about its current status). Currently USCIS website says the following:

"Response To USCIS' Request For Evidence Was Received
On February XX, 2010, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXXXX. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

I only used 3.5 years in 6 years of my previous H-1B. Please suggest.

I apologize for posting here.
 
Don't apologize. POST ON H1-B FORUM!
Your lawyer is correct about the need to have held H1-B at some point in last 6 years, which you have exceeded.
And please accept answers given to others as applicable to yourself. This is a FORUM for that reason.
 
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