Can a H1B Worker Go Back to Work for a Former Employer Whose Visa Expired
Hi
I got H1B Visa from Employer A on Feb'13 with validity till Feb'14. Due to some personal issue I could not utilize the visa and it got expired.
My employer A filed a cap exempt petition on Sep'14, the petition came with a validity till August 2015.
Now I want to go onsite from employer B, but employer A is not willing to give any of the petition copies.
I have soft copy of the recent one, xerox copy of previous petition and receipt numbers of both.
My question is:
1) Can I go from employer B with the copies I have for previous petitions?
2) If yes, what if this time it also gets expired before I travel, will I able to file another cap exempt?
Appreciate your help in this regards.
Re: Can a H1B Worker Go Back to Work for a Former Employer Whose Visa Expired
Why should the employer you shafted help you with going to work for someone else? You understand that it cost him a substantial amount of money to do that work?
It's not just a matter of employer B resubmitting the same paperwork employer A had. The copies you already have might help the employer craft his submission (at least it indicates what you claim as your unique abilities). They need to show that they have a job that you uniquely fill the needs for. They're also obliged to do their own adverstising or whatever to show they attempted to hire an already legal employee.
Re: Can a H1B Worker Go Back to Work for a Former Employer Whose Visa Expired
Ron, There is no requirement to attempt to hire a US citizen or current permanent resident before hiring a H-1B worker. See the Dept of Labor information sheets (series 62, I believe).
Your new employer must file a cap exempt petition based on your original approval receipt numbers. They do not need copies of the documents only the reference numbers. Their attorney will do all of the work.
Your petition with A is of no value to you. You may not enter the US until you have an approval notice for the employer you intend to work for and have a valid visa stamping. Even then, you are not guaranteed entry. Based on the fact you were only granted 1 year visas, your filing is suspect. Most get stampings for 3 years.