Immigration Issues/H1B visa - quotas

Advertisement


Question
Hello,

a friend had a H1B visa which expired in 2010 . Assuming she finds a job in the US at this time, would she be subject to the H1B quotas ( for Masters degrees since she has one ) like back in 2007 when she got it or would she be exempt from the quotas since she already had a H1B in the past ?

also, assuming her passport is expiring now and she needs to make a new one, should she keep the old passport with the original visa in it / does it matter if she does not have the old passport with the original visa in it anymore?

thanks in advance for your answers

best regards

Helene

Answer
Hi,

I am assuming that your friend was not employed in the U.S. in H1B status for an aggregate of 6 years ending in 2010.

Since your friend had H1B status at some point within the past 6 years, she would not be subject to the visa cap if a company files an H1B petition for her. She should obtain a new passport; copy of the earlier passport (incl. copy of visa stamp) is evidence that she earlier had H1B status.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.