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Old 01-31-2010, 09:04 PM
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Default Returning on H-1B again

My 6 years on H-1B will expire August 2010. My employer will petition for new H-1B starting August 2011 (and may petition for Labor Certification when I return again) The job description for the H-1B is the same (I work as an Advising Specialist with students with disabilities in a community college). Are H-1B's usually/often approved in cases like this where the job is the same? Is it helpful (or not) to have had an H-1B before? Any guidelines on this?
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Old 02-04-2010, 10:30 AM
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Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
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The H-1 petition your employer plans to file for you will be adjudicated on its own merits. The fact that you previously held H-1 status for the same employer in the same position is unlikely to make much of a difference one way or the other. Assuming that your employer is cap-exempt as an institution of higher education, my suggestion is that they file the petition immediately at or after the date that is six months before your anticipated start date. This should give plenty of time to deal with any RFE's or other glitches that could arise.

You should keep careful and complete records of your one year period out of the US to present to the consul when you apply for your new H visa. Such records could include passport stamps, air line ticket copies, boarding passes, credit card statements showing regular activity out of the US, employment records, etc.

Best,

Ann
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