Legal Question in Immigration Law in Florida

h1 visa

I have a company and want to bring someone on an h 1 visa here. He is a java developer and was here on an h 1 before but left because his job ended and he could not get a new Job. He is now in India and his visa and passport expired and has been gone for over a year. When he or I file for him to come back to usa will he be subject to the lottery again?

If he will not be subject to the lottery can he come thru me or does he have to go thru his last employer from usa?


Asked on 3/16/09, 9:37 pm

3 Answers from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: h1 visa

Under USCIS policy, it does not count a person against the cap if they have already been counted within the past 6 years, and even if they have been outside of the U.S. for more than year, as long as they have time remaining they can apply for a new visa.

It will not be required for his previous employer to petition for him; your company can do it -- but he cannot do it on his own unless he owns an established company that will petition for him. Self-petitioning can be permitted, but it doesn't sound like he needs to.

Since you appear to be in South Florida, please schedule an appointment and be sure to bring a copies of all of his previous approval notices and H-1B visas. At an appointment we can confirm his eligibility and that he will not be subject to the cap again this year.

Regards,

Michael Harris

Law Offices of Kravitz and Guerra, P.A.

800 Brickell Avenue, Suite 701

Miami, FL

33131

www.kravitzlaw.com

[email protected]

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Answered on 3/17/09, 11:17 am
Rebecca White Law Office of Rebecca White

Re: h1 visa

From what you describe he will not be subject to the H-1b cap/lottery, and can file at anytime - he will not be restricted to the April 1 filing for the Oct 1 start date. Please email my office if you would like further information or assistance. I will look forward to hearing from you.

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Answered on 3/17/09, 12:43 pm
Anthony Siliato Meyner and Landis LLP

Re: h1 visa

Your prospective employee should not be subject to the H-1B lottery again since he has not used up a full 6 years in H-1B status. Your company could file an H-1B petition on his behalf.

Our business immigration practice is national in scope and we would be happy to assist you in this process.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/17/09, 12:24 am


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