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H1B 2006 and other issues

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Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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bumblebee123
Junior Member
Posts: 70
Joined: Tue Aug 13, 2013 7:15 am

H1B 2006 and other issues

Post by bumblebee123 » Tue Oct 22, 2013 7:11 pm

Hi All, Please kindly clarify I am very confused.

I had H1B Visa stamped on my passport in 2006, I went to USA and returned back to my country with in a week, since then I never went to USA.

In 2009, I got B1/B2 Visa stamped in my Passport but never went to USA on this VISA.

Currently I am a British Citizen.

I am planning to apply for H1B in 2014,

please can anyone help me know:

(1) Am I eligible to apply for H1B in 2014? Or will be questioned as why I did not use my H1B?

(2) If I apply for H1B in 2014, do I still have to go though the initial labour market test?

(3) If I apply for H1B in 2014, will I get effected by 65000 Visa Quota? My friend tells me here that, I will not get affected by the 65000 CAP, is that true?

Thanks to all in advance.

BumbleBee123

VR
Senior Member
Posts: 688
Joined: Fri Jun 07, 2013 8:34 am

Answers to your queries

Post by VR » Fri Oct 25, 2013 7:35 am

(1) Am I eligible to apply for H1B in 2014? Or will be questioned as why I did not use my H1B?

YES. Past filing is irrelevant..

(2) If I apply for H1B in 2014, do I still have to go though the initial labour market test?

YES

(3) If I apply for H1B in 2014, will I get effected by 65000 Visa Quota? My friend tells me here that, I will not get affected by the 65000 CAP, is that true?

YES! Only if your visa was valid you could have been exempt from the quota. This year there was a lottery. It is expected to be worse next year.
As Reforms proposed have some major changes to the H1b it is expected to send the demand spiralling through the roof. One of the proposed changes is to allow H4's the right to work. The next salient proposal is a definitive route to settlement linked to H1B's

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