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Immigration Issues/query on H-1B “Remainder” Option

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Question
Mr. Arora,
I have been out of US for over an year. Before leaving US, I had consumed only 5 months of my H1B visa. I was in 20,000 quota as I have done Masters from US. However my visa was never stamped in my passport as I did not go out of US in those 5 months when my H1B was active. Now I have following query:
- If I go back to US, will I be subjected to the cap again as I have been out of US for a period of more than one year. Or can my same H1B be revived without going under the cap again?
Thanks


Answer
Hi,

You will not be subject to the visa cap again. You can apply for H1B visa stamp at a U.S. Consulate in your home country based on already approved H1B petition if your intention will be employment with the same H1B petitioner upon entering the U.S.

If you plan on employment with another company (let us call it Company B), then Co. B should file an H1B petition with the USCIS. Upon approval, you can apply for H1B visa stamp at the U.S. Consulate if your intention upon entering the U.S. will be employment through Co. B. Again, you will not be subject to the visa cap.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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