Complicated H1 question

G

gtg506p

Registered Users (C)
Dear Users,
I had a question about H1B which I feel might be complicated (I think). My to be wife worked for Company A on H1 in US. She then went back and after some time switched to Company B. Her H1B also expired. We are now thinking about applying for her H1 thru Companyy C. Is there any way her old H1 can be used so as to be exempt from the cap or she has to apply totally new H1 in the cap. Any response will be appreciated. Thanks in advance.
Jack
 
Not clear.

how long was she on h1 before.
What's her status right now.
What is expired. visa or status ?
 
Thanks for the reply. Company A sponsored her H1. Her H1 was valid from 2003 to 2006. She went back to India for good in 2005. Since she did not have an intention of coming back to US her H1 expired (visa as well as stamp). Now shes working for Company B in India. For filing H1 this year does she have to do totally new H1 and go through quota. Or is there some remote way she could do H1 transfer or something since she once had a H1? ( I have heard of some cases where people did transfer after expiry but I dont know).
Thanks
Jack.
 
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I believe GotPR is incorrect. If you leave the US for more than a year, you become subject to the quota again if you apply for a new H1.

GotPR? said:
She is not subject to quota and she can get H1 if company C sponsored her.

Don't be confused with "transfer". there is nothing to transfer regardless of where you are. All the "transfer" is new petition which is filed by employer and it does not matter where beneficiaries are located.
http://www.murthy.com/news/n_h1bcan.html

And regarding quota exemption, read page 8 and 9 of the following memo.
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
Click to expand...
 
Thanks for your reply guys. I appreciate it. But from the document I am little bit confused. I read the H1B remainder option para. I am not sure if it says whether my wife will be subject to cap or not. It is certain she has the option of applying for new H1 with new 6 years clock since she was out of country for more than one year but I am still not clear whether she can do the remianing three years without being subject to cap.
 
gtg506p said:
Thanks for your reply guys. I appreciate it. But from the document I am little bit confused. I read the H1B remainder option para. I am not sure if it says whether my wife will be subject to cap or not. It is certain she has the option of applying for new H1 with new 6 years clock since she was out of country for more than one year but I am still not clear whether she can do the remianing three years without being subject to cap.
Click to expand...

Read page 9 very carefully. She is exempt from quota if she applies for the remainder.
 
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nscagony said:
If you leave the US for more than a year, you become subject to the quota again if you apply for a new H1.
Click to expand...
I don't believe so.
Let's assume that there is a person who is on H1. He stayed abroad for more than a year because his employer sent him for some offshore project. If staying out of the US more than a year disqualifies cap exemption, he can not come back to the US if H1 expires while he is abroad. I don't think it is the case.

this remainder option was clarified by USCIS memo at the end of 2006.
 
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