Impt Question regarding new H1

[newjersey]

Currently I am working on H1 with employer "A" for the last 2 years. I am planning to go to India for a vacation sometime in June 2004 and might have to stay back in India for about 1 year due to personal reasons. If I dont come back to US within 3 months, employer "A" will withdraw my H1. If after 3 months time assuming that employer "A" withdrew my H1 and employer "B" is ready to file a new H1, will the H1 cap limit be applicable in my case ????. Appreciate your inputs.

 

[Jaic]

any new h1

will be from the new quota, unless you want to transfer...from your case it doesn't seems so

 

[sam99]

Originally posted by newjersey
Currently I am working on H1 with employer "A" for the last 2 years. I am planning to go to India for a vacation sometime in June 2004 and might have to stay back in India for about 1 year due to personal reasons. If I dont come back to US within 3 months, employer "A" will withdraw my H1. If after 3 months time assuming that employer "A" withdrew my H1 and employer "B" is ready to file a new H1, will the H1 cap limit be applicable in my case ????. Appreciate your inputs.

First of all if any employer threatens to withdraw H1, they normally say and do not take action cuz it cost money and time,
but if you have valid visa of that company and new 797 petition from new employer, you can easily enter US without any problem.

All transfers are not applicable to H1B cap and one can easily transfer to new company.

 

[Upstate_NY]

If the employer 'A' withdraw or cancel the H1, then your visa # will go back to the pool and you will have to wait till October to get a visa #.

If they don't cancel, you can transfer your H1 rightaway w/o any problem. See http://www.usvisanews.com/wedquest033104.html