Terminated while on H1B

I

idebn

Registered Users (C)
Hello:

My position was eliminated in Nov 2009 and based on legal advice received, I left the US within two weeks. Being a Canadian citizen, I moved to Toronto.

My H1B visa was valid until March 2012.

I am currently receiving some interest from US employers. If I decide to take up an offer, can my earlier H1B visa be re-activated for the balance of its valid life or would my new employer have to file a new H1B visa application and be subject to the annual quota?

Thanks.
 
idebn said:
Hello:

My position was eliminated in Nov 2009 and based on legal advice received, I left the US within two weeks. Being a Canadian citizen, I moved to Toronto.

My H1B visa was valid until March 2012.

I am currently receiving some interest from US employers.
If I decide to take up an offer, can my earlier H1B visa be re-activated for the balance of its valid life or would my new employer have to file a new H1B visa application and be subject to the annual quota?
------------Employer should file Fresh H1 for you and you should inform Employer or Employer lawyer that you had H1 or provide copy of H1 approval notice and you will not be subject to Cap. if staying out of US more then 1 year from Departure date then Employer can get H1 for 3 year and can later file H1 Ext for 3 years.Thanks.
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Thank you for your response.

A clarification: Assuming I accept an offer from a US employer in early May 2010 and the employer files a fresh H1 (not subject to annual cap). Upon approval, can I start working in the US right away or do I have to anyway wait until Oct 1, 2010 to commence working in the US?

Thanks.
 
You may begin working once you receive approval notice.

To get additional time after 1 year outside the US, you must go through the quota.
 
idebn said:
Thank you for your response.

A clarification: Assuming I accept an offer from a US employer in early May 2010 and the employer files a fresh H1 (not subject to annual cap). Upon approval, can I start working in the US right away
------Yes
or do I have to anyway wait until Oct 1, 2010 to commence working in the US?

Thanks.
Click to expand...
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