H1-B Question

[dookie_mumbai]

I had a few questions. I would appreciate if you could respond to the same.
Situation: I had filed for an H1b extension (i-140 approved) earlier which was filed earlier till September 2010 however was laid of in October 2008. Now if a company wishes to hire me I understand they would have to file for a new H1.

1. Would the new H1 be subject to the cap ?


2. Is there any way i can change employers obtain another extension without recent paystubs ?

3. What if the previous employer decides to hire me again ? Would he have to file for a new h1 ? Is there any way he can un-withdraw the old h1 that he had sent earlier to USCIS.

I would appreciate your response.

 

[dookie_mumbai]

I just read the following in an USCIS memo.

Does this mean that one can be out of status without pay stubs etc and still file for an extension provided his labor is pending or I-140 approved.

I would appreciate if some body can validate the same.

Thanks, Neel

In sections 106 and 104(c) of AC21, Congress provided exemptions to the six-year maximum period of stay rules for certain H-1B aliens who were being sponsored by employers for permanent residence and were subject to lengthy processing delays. Though both provisions of AC21 use the term “extension of stay,” eligibility for the exemptions is not restricted solely to requests for extensions of stay while in the United States. Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status. Further, in examining eligibility for the 7th year extension, USCIS will focus on whether the alien is eligible for an additional period of admission in H-1B status, rather than whether the alien is currently in H-1B status that is about to expire and seeking an extension of that status in the United States pursuant to 8 CFR 214.1(c). Note: The burden of proof rests with the petitioner and alien to establish his or her eligibility for any additional periods of stay in H-1B status beyond the six year maximum, including evidence of job requirements, alien credentials, labor condition application approval, previous H-1B