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H1b Visa Filing Enquiry

Discussion in 'Nonimmigrant Visa Applications' started by hopefullperson, Sep 4, 2015.

  1. hopefullperson

    hopefullperson New Member

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    Hi Ron,

    I would like to ask you a quick question regarding H1B visa.

    One of my friends had the H1B visa, approved in year 2007. She came to the US in 2008 july and worked till 2008 november on H1B, and left the US. She is now on visit to the US via B2 visa.

    If she gets a job in the US now,
    - Can her employer file H1B visa, while she stays in the US via B2 visa?
    - If yes, will it be new H1B filing or COS (I-539)?
    - Will there any risks to her in future, if employer files H1B for her?
    - Will her application come under yearly cap?

    If you could please reply, that would be really great.
    Thank you so much in advance.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since she has not had an H1B petition approved in the last six years, she will be subject to the cap.

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