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Can my lawyer file a new cap subject H1B visa petition prior to the date when I meet the 365 days out of the USA for a new job starting two months from now (i.e. well past the day when I meet 365 day out of the USA requirement)? Thanks.

Thanks. My understanding is that a reset of the clock is subject to the annual quota.

After surrendering my I-94, I left the US on Nov 30, 2009. With a new job offer in NYC in hand now, my lawyer informs me that she cannot file my H-1B petition for a reset until the second week of Feb 2011. This is because out of the 365 days I was required to not be physically present in the...

Thanks Ginnu. My lawyer has indicated that my 'presence' (even if personal and not for work) in the US will result in a delay in my ability to start working in the US again under a new H-1B visa. This is contrary to my understanding and surprising to me. What are your thoughts? Thanks.

I worked in the US on an H-1B visa from Dec 2005 to Nov 2009. Upon being laid off and being a Canadian citizen, I moved back to Canada in Nov 2009. Now I have a new job offer and since I surrendered my I-94 on my way out of the US in 2009, I have been informed that a new H-1B petition will...

I understand that the annual H1B quota has not yet been fully utilized this year. What is the processing time (expedited premium) for a new H1B visa application if filed on Dec 1, 2010? Any guidance would be much appreciated. Thanks.

Hello: I am a Canadian citizen who worked in the US on an H1B until being laid off last year. I moved back to Canada immediately. I am currently exploring a career in Green Finance and landed a 10 week internship/consulting gig (no pay) with a renewables start up in the US. A couple...

Hello: I was employed on an H-1B visa for three years prior to being laid off in Nov 2009. A US employer (Industry: Financial Services) is interested in hiring me as a consultant. As a Canadian citizen, does a TN1 visa provide an easier path to re-entry or should I ask the employer to...

Thank you for your response. A clarification: Assuming I accept an offer from a US employer in early May 2010 and the employer files a fresh H1 (not subject to annual cap). Upon approval, can I start working in the US right away or do I have to anyway wait until Oct 1, 2010 to commence...

Hello: My position was eliminated in Nov 2009 and based on legal advice received, I left the US within two weeks. Being a Canadian citizen, I moved to Toronto. My H1B visa was valid until March 2012. I am currently receiving some interest from US employers. If I decide to take up an...