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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 06-17-2012, 11:32 PM
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Hello experts,

I need your advice and appreciate quick response.

I was in US from Oct 2008 to Nov 2011 on H1B visa from employer A but I have not exhausted the full six years (Mar 2008-Sep 2010 & Oct 2010-Sep2013) and I haven’t spent full year outside US. Due to the family need I resigned and returned back to India in Nov 2011.

Later my employer REVOKED my H1B Visa in Dec 2011 since I didn’t have the intention of going back to US again.

After taking a month break I joined again for the same employer at their offshore location in Pune, India. Now we have decided to come back to US and

Could you please explain me what are my options in this scenario.
1. Can my employer file H1B petition again under H1B cap exempt beneficiary’s category?
2. Can my employer apply visa under L1A (but I haven’t completed one year yet at offshore, but I have been working for this company for more than 3 years including my previous US employment).
3. Any other options my employer can look for.

Hello experts,

I need your advice and appreciate quick response.

I was in US from Oct 2008 to Nov 2011 on H1B visa from employer A but I have not exhausted the full six years (Mar 2008-Sep 2010 & Oct 2010-Sep2013) and I haven’t spent full year outside US. Due to the family need I resigned and returned back to India in Nov 2011.

Later my employer REVOKED my H1B Visa in Dec 2011 since I didn’t have the intention of going back to US again.

After taking a month break I joined again for the same employer at their offshore location in Pune, India. Now we have decided to come back to US and

Could you please explain me what are my options in this scenario.

1. Can my employer file H1B petition again under H1B cap exempt beneficiary’s category?
2. Can my employer apply visa under L1A (but I haven’t completed one year yet at offshore, but I have been working for this company for more than 3 years including my previous US employment).
3. Any other options my employer can look for.

Last edited by pappu; 06-18-2012 at 04:15 AM. Reason: Duplicates
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