Expert Advice needed from Gurus (Joyd, ETA-GC, etc)

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glrao

Registered Users (C)
Hello friends,

I am posting this question in this forum, because I hope i can get precise and valid information.

My brither in law who had valid H1 visa till DEC2001 and left the country went to india. While he was in india he came back to US on B1/B2..(His total stay in US when he was in US is 3 years). He likes to come back to use now on H1 visa. Question I have is

1. Can he apply for H1 transfer
2. Or does he comes under the cap and needs to apply for fresh application

Thanks in advance.
 
glrao said:
Hello friends,

I am posting this question in this forum, because I hope i can get precise and valid information.

My brither in law who had valid H1 visa till DEC2001 and left the country went to india. While he was in india he came back to US on B1/B2..(His total stay in US when he was in US is 3 years). He likes to come back to use now on H1 visa. Question I have is

1. Can he apply for H1 transfer
2. Or does he comes under the cap and needs to apply for fresh application

Thanks in advance.
Click to expand...
Cannot apply for transfer as he went back (and I am assuming) started working back in India. Since he has been working, even though his H1B stamp is valid (you have not stated this .. I am assuming this), you cannot transfer this H1B as you lost your status because you went outside USA (not for leisure but for work). Also since he has travelled on B1 he has already lost his status and it also proves that he has been working with some other employer. You cannot keep two non-immigrant statuses at the same time.

Also he will eligible for another 6 years on H1 as he has stayed outside USA for more then 1 year after his last H1B.
 
Also, if he's going to apply for an H, better do it as soon as possible as the cap is pretty close to being reached. Also might want to spend the extra $$$ for premium processing if he'll need it soon -- last I heard it was taking up to 3+ months to get an H, 2 weeks if you use premium processing.

ETA
 
See Inline...

glrao said:
Hello friends,

I am posting this question in this forum, because I hope i can get precise and valid information.

My brither in law who had valid H1 visa till DEC2001 and left the country went to india. While he was in india he came back to US on B1/B2..(His total stay in US when he was in US is 3 years). He likes to come back to use now on H1 visa. Question I have is

1. Can he apply for H1 transfer
...No. He is not currently in H1 status.

2. Or does he comes under the cap and needs to apply for fresh application
...Employer needs to apply as fresh H1 petition and it will be counted towards annual cap.

Thanks in advance.
Click to expand...
 
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