Legal Question in Immigration Law in Florida

immigration

My friend was here on a h 1 visa in 2008 was here for 5 years and left before his visa and passport expired. He got layed off and could not find another job so had to go back to India. He will file to come back in april of 2010 will he be subject to the lottery? Or can he use his old H 1 and come back His old H 1 expired in 2008 when he lost his last job. Does he have to start the process now to come back without lottery if he can use his old H 1?


Asked on 6/21/09, 9:56 pm

2 Answers from Attorneys
Elaine Martin Law Office of Elaine Martin

Re: immigration

If your friend has been outside the US for a total of one year, he can either (a) claim a new 6-year period and be subject to the H-1B cap; or (b) apply for the unused part of the 6 years - about a year based on your question. Since there was no H-1B lottery this year and numbers are still not all used, it may be the same next year. In that case, he may be better asking for a full 6 years again. He and his employer could make that decision next year before filing.

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Answered on 6/22/09, 10:43 am
Daniel Hanlon Hanlon Law Group, P.C.

Re: immigration

Dear Inquirer:

The H-1B visa is no longer valid if your friend no longer works for the H-1B Petitioner. India is not included in the DV Lottery program, as that country is oversubscribed for visa allocation.

I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

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Answered on 6/24/09, 6:46 pm


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