HEllo.. I need help regarding this matter. I was on an H1B in 2003 but left the US and returned to Canada (September 2003) - I was 2 years into holding this visa... ie. I could have stayed on it until 2008.
From what I've read, it seems I may be elligible to be petitioned for a H1B non-cap application. I started working for a new US employer when I returned to Canada Sept 2003 and made frequent trips to the US on business... In November 2006 I returned to the US on a TN visa (I'm still on the TN which we just renewed)
the big wuestion relates to this material which i found on a Wiki... "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
Since I was on H1B in 2003, left the US, but was never out of the US for "365 consecutive days" it appears that my new employer can petition for an H1B for me based on a non-cap petition. NOTE: I was in Canada for a little more than 3 years but returned to the US on Business trips every 3 months or so... i was never out of the US for more than several months consecutively.
Based on this, does it seem like we will be elligible for teh H1B non-cap and if so is there anything special we should consider or keep in mind on the application.
thanks for the help
From what I've read, it seems I may be elligible to be petitioned for a H1B non-cap application. I started working for a new US employer when I returned to Canada Sept 2003 and made frequent trips to the US on business... In November 2006 I returned to the US on a TN visa (I'm still on the TN which we just renewed)
the big wuestion relates to this material which i found on a Wiki... "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
Since I was on H1B in 2003, left the US, but was never out of the US for "365 consecutive days" it appears that my new employer can petition for an H1B for me based on a non-cap petition. NOTE: I was in Canada for a little more than 3 years but returned to the US on Business trips every 3 months or so... i was never out of the US for more than several months consecutively.
Based on this, does it seem like we will be elligible for teh H1B non-cap and if so is there anything special we should consider or keep in mind on the application.
thanks for the help