H-1B Quota and the "Reminder Option"
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
Mr. Khanna's firm has processed several H1-B and PERM applications for our company. We first came to him in a dire situation. Another attorney had been working on our behalf, but had not given us good service or advice. One of our key employees was faced with having to leave the country because of the situation. Rajiv, Anna, Heather and Judi were all very helpful in getting the situation resolved for us. Their knowledge of immigration law and their ability to explain it so that I understand what is happening has been excellent. It is empowering and now I am always confident that our immigration petitions are being handled in the most efficient and above board process possible.