H1 revoked in 2009 now planning file new H1 will i come under quota or not

Need info about H1 revoked in 2009 as my firm shut all of a sudden had no option left did came back to India within time frame,Now planning for new H1 filing this year will i come under quota or not.

[b]Will appreciate with responses..[/b]



You may not be counted again in the cap if you had you H1 approved within last 6 years.

Hey Ankit1912 appreciate for your quick response so what would be the process for filing again can you let me know briefly…

You just need to have your previous I797 approval notice, which would prove that you were previously counted against the cap. If you have worked in US on that H1 visa then you would need to provide the last 2-3 months’ US pay stubs as well. Rest all documents would be the same as what you had provided for your 1st H1. Since you are not in US right now, after the H1 approval you would need to get it stamped and you can come back here after the stamping. You do not need to wait till April '13 to file your H1.

Thanks Ankit really appreciate it for your humble info & real quick response.

Ankit “You may not be counted again in the cap if you had you H1 approved within last 6 years” this will be applicable even if H1 is revoked.As i came to know we need to file a fresh petition of H1 PLEASE reply me with correct info.


Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

This is from the USCIS web site.

Thanks Ankit appreciate it…