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H1B-H4-H1B

Submitted by Chief Editor on Jan 26th 2010
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Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.

1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?

You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Is there a time limit after

Submitted by Guest on Mar 16th 2012.

Is there a time limit after which the non quota option expires? I mean if I was H1, and my visa was cancelled, and I came back on H4 after 3 years, and want use my old 797 for cap exempt, Is it possible?

Is there a time limit for H-1 quota exemption

Submitted by Rajiv S. Khanna on Mar 18th 2012.

If you have been physically outside USA for a year or more, look at the "remainder option." Let us discuss this in our next free community conference call. See: http://www.immigration.com/free-community-conference-calls

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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