H1B extension while staying in India

R

Rajeshappu

New Member
Hi,

I was in US in H1B visa during 2006-2007 with my first employer.
I do have t he papers for that visa. They later applied H1B extension (renewal)
in 2008, as my first 3 years visa term expired but they did not send me to US
and also I do not have the H1B papers for the extension.

Now I'm with my second employer. If the second employer wants to send me
to US in H1B,

1) Do I have to wait for H1B cap?

or

2) Do I just need to go for Visa interview?


Thanks,
Rajesh
 
Rajeshappu said:
Hi,

I was in US in H1B visa during 2006-2007 with my first employer.
I do have t he papers for that visa. They later applied H1B extension (renewal)
in 2008, as my first 3 years visa term expired but they did not send me to US
and also I do not have the H1B papers for the extension.

Now I'm with my second employer.
-----it seems second employer is not US employer.
If the second employer wants to send me
to US in H1B,

1) Do I have to wait for H1B cap?

or

2) Do I just need to go for Visa interview?


Thanks,
Rajesh
Click to expand...

New employer need to file H1 petition in US and once H1 petition gets approved and sends papers then go for Visa stamp. Come to US only if the employer has job for you and ready to pay you. Bench is not allowed.
 
Thanks for the reply.

But I do not have the H1B renewal docs that
my previous employer did. I only have the
H1B docs for the first 3 years that already
expired in SEP 2008.

I'M RIGHT NOW WORKING IN INDIA.

If that is the case, if my new employer does H1B for
me,

1) Will this be new H1B filing? If so, do I have to wait for CAP?

or

2) Will this be H1B transfer?
 
Rajeshappu said:
Thanks for the reply.

But I do not have the H1B renewal docs that
my previous employer did. I only have the
H1B docs for the first 3 years that already
expired in SEP 2008.

I'M RIGHT NOW WORKING IN INDIA.

If that is the case, if my new employer does H1B for
me,

1) Will this be new H1B filing? If so, do I have to wait for CAP?
------ new H1. not will be subject to cap if H1 for you was approved in 6 yearsor

2) Will this be H1B transfer?
Click to expand...

----- it will NOT be H1 transfer
 
Thanks for the reply.

Usually if companies apply for H1B fresh, the employee has to
wait till september to appear for visa interview and get the visa
stamped in the passport.

In my case, I already had H1B visa and so I'm not subject to cap.
So, should I also wait till september for the visa interview (OR)
Can I just schedule the visa interview on receiving the docs?
 
Rajeshappu said:
Thanks for the reply.

Usually if companies apply for H1B fresh, the employee has to
wait till september to appear for visa interview and get the visa
stamped in the passport.
------that is correct.
In my case, I already had H1B visa and so I'm not subject to cap.
So, should I also wait till september for the visa interview (OR)
Can I just schedule the visa interview on receiving the docs?
-----------------------------------All depends on employer and USCIS and what start date is asked by employer. You must send any evidence like last H1 approval and passport copy and then lawyer should mention that you are not subject to cap and explain why you are not subject to cap. For more info you need to contact your US employer. FYI at this time USCIS is after consulting companies and ask lot of documents. Don’t leave your job in India just if someone is filing H1 petition for you. Make sure they will have job for you and they will pay you. Bench/table is not allowed .
Click to expand...
--------
 
Thanks a lot for your reply.

BTW, does my employer need to file H1B by april itself
(like how they do for cap) or any time is okay?
 
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