I was in USA for 4.5 years through Company A, I came back to India and working with same company A from India
On April 2015 another company B filed H1B for me and luckily my H1B picked up in lottery ,AS I have applied H1B before one year of stay of outside of USA, I will be getting maximum of 1.5 years to stay in USA based approval and stamping H1B through company B, also company B is not willing to file my CG immediately once I will be USA.
Current company A does not know my H1 approved from company B,
Current company A or another company C saying they will file new H1B in 2016 and if I will get selected in lottery then I can get the visa for 6 years of stay in USA.
Can you please suggest :-
As I am holding H1B approval from company B, can my current company A or other company C can apply new H1B for me in April 2016.If not possible, then what I have to do so that they can file my new H1B in April 2016.
Hi Saurabh,
Thanks for your comment, B had files my case through Consular processing in 2015
to file the new H1B through A or C on cap-subject petition in April 2016, do I need to tell them ( or need to mentioned at some where) I am having H1B from other Company B
It would be good for them to know about B’s petition. It may be easier to tell C than A about it as you were employed w/ A when B’s petition was filed.
RE B’s petition what I am saying is that consular processing wasn’t going to reset your H-1 term. Given that chances of selection in lottery are not very bright, they didn’t gain anything from cap-subject filing. They could have filed cap-exempt petition and still received the same H-1 term. In addition, from their perspective they wouldn’t have to worry about lottery.
I came back to India in may 2014 after full 6 year term in US with just few weeks of vacation left. Employer filed for cap subject petition in April 2015 and it got picked in lottery and it got approved. I’m yet to receive the approval notice. Will I be getting fresh 6 year term now or not since I applied before 1 year out of US stay?
I searched on this online and the rule didn’t seem clear about approval date vs application date. If it is approval date (i.e. Oct 1 in case of cap-subject petitions), then you guys should be able to reset the clock. If it is application date (i.e. April 1 in case of cap-subject petitions), then your clocks are not reset.
If the newly approved petition has a term that indicates resetting of clock, then that is what it is.