problem with H1B petition!!

S

sameerk1

Registered Users (C)
Hello,

I changed the company recently and got the H1 transferred. I had my previous H1 from 2003 March. But i was in India for 2 with previous company yrs. But the new petition with new company doesn't mention that in new petition. I got the new petition in Aug 2006 end. Pls suggest what should i do? Can i still correct my new petition or those 2 yrs are gone.

I would be very greatful for advice.
 
sameerk1 said:
Hello,

I changed the company recently and got the H1 transferred. I had my previous H1 from 2003 March. But i was in India for 2 with previous company yrs. But the new petition with new company doesn't mention that in new petition. I got the new petition in Aug 2006 end. Pls suggest what should i do? Can i still correct my new petition or those 2 yrs are gone.

I would be very greatful for advice.
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I dont understand your case , not enough details. if you were out of US for 2 years then you get new H1 petition and the 6 year time again starts for your H1
 
Regarding problem in H1B petition!!

Thanks Ginnu,

you are right i should get H1B for another 6 yrs. Actully the new petition mentions that i have ben in US from March 2003. It doesn't mentions that i was away for 2 yrs. My previous H1B was thru an indian company. They had send me for 3 months in 2003 and kept me for rest 2 yrs in Indian office. They again send me to US in 2005. I changed that comany in September this year.

Pls suggest if anything can be done with the new petiton now?

Thanks for your help.
 
I don't think there was any benefit to file brandnew petition in this case because,
1. you can reclaim absent time for the next extension. All you lose comparing to the brandnew petitition is only 3 months which was your initial stay.
2. Brandnew petition will come under quota, which means you can not start working until start date comes.

since you have reuse H1 you already had, you cannot get brandnew H1(6years).

THe best you can do is filing amendment with correct information and asking for full 3 year extension or just asking for correcting infor and recapture your absent time for the next extension.
 
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