H1 visa validation

saggi

Registered Users (C)
My case:
I came here 4yrs back on H1.
Returned to India and came back on L1 last year with the same company.
Currently working on L1 in US
H1 visa was not renewed after 3 years.

Questions:
Now if I had to change job and go on H1 do I have to file a new H1 or can I do H1 transfer from my old petition(which has expired).
Basically if I apply for H1 will it get counted to the new H1 quota and do I have to wait till Oct when the new H1s are granted or can I start working on H1 considering I have already used up the H1 from the quota(though it is invalid).

-saggy
 
saggi said:
My case:
I came here 4yrs back on H1. Give month and year for every events to advise you.Returned to India and came back on L1 last year with the same company.
Currently working on L1 in US
H1 visa was not renewed after 3 years.

Questions:
Now if I had to change job and go on H1 do I have to file a new H1 or can I do H1 transfer from my old petition(which has expired).
Basically if I apply for H1 will it get counted to the new H1 quota and do I have to wait till Oct when the new H1s are granted or can I start working on H1 considering I have already used up the H1 from the quota(though it is invalid).

-saggy
 
great guru...here are the dates:
H1 - feb 2002 - aug 2004 (returned to india in aug 2004)
3 yrs H1 expired on jan 2005...did not file for extension.

L1 - nov 2005 till date (came back to US on L1 in nov 2005)

My question is if a company is ready to do my H1 do I have to wait for the new H1 cap till oct 2006.

Appreciate your input.
 
Saggi,
Since you are still in your 6 year limit, You will not be counted against the new cap. you should be able to claim all of your time outside US when filing for the H1. Good luck...
 
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