Need urgent H-1B help. Will really appreciate any help. Here is my current scenario:
First H-1B - Oct 2005 to Sep 2008 with employer A
Second H-1B - Oct 2008 to Sep 2011 with the same employer A
I-140 - Approved with the same employer A
Unused time on 2nd H-1B - Around 7 months
Left US & returned back to India for personal reasons in Jan 2011. Planning to come back. Employer A says ready to file but saying waiting for a good contract for the past few months. I am not sure how long I will have to wait. New employer B is also ready to file H-1B.
1) Can the new employer B file H-1B immediately without the H-1B CAP since my I-140 is already approved even though it is with the previous employer A?
2) Can this new employer B directly file for 7th year extension based on approved I-140 from previous employer B or should he file for a fresh 6-year H-1B term?
Appreciate any help. Thanks in advance.
First H-1B - Oct 2005 to Sep 2008 with employer A
Second H-1B - Oct 2008 to Sep 2011 with the same employer A
I-140 - Approved with the same employer A
Unused time on 2nd H-1B - Around 7 months
Left US & returned back to India for personal reasons in Jan 2011. Planning to come back. Employer A says ready to file but saying waiting for a good contract for the past few months. I am not sure how long I will have to wait. New employer B is also ready to file H-1B.
1) Can the new employer B file H-1B immediately without the H-1B CAP since my I-140 is already approved even though it is with the previous employer A?
2) Can this new employer B directly file for 7th year extension based on approved I-140 from previous employer B or should he file for a fresh 6-year H-1B term?
Appreciate any help. Thanks in advance.