Legal Question in Immigration Law in California

My friend was working in US on an H1-B till March 2010 after which I left to Pursue MBA in Europe. He has found out from his last US employer that they never filed for termination of his I-797 after I left.

His I-797 expired in 2011 but He has not completed the 6 years of H1-B and now He is looking to come back to US for employment. Will his H1-B need to filed as a new case or can his previous I-797 be transferred + extended by a new employer?

Thanks

Devesh


Asked on 11/07/11, 7:42 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The time spent outside the U.S. can be recaptured. Thus, the H1B employer will file an H1B petition requesting extension of H1B status up to completion of six years: www.h1b1.com/concurrent.htm

Alternatively, a new H1B petition can be filed based on spending one year outside the U.S., but this will subject you to the visa cap: http://www.uscis.gov/h-1b_count

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Answered on 11/07/11, 8:20 am


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