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bdash
11-07-2004, 02:40 AM
My friend was in USA from 2001 to 2003. He went back to India in December 2003. His visa is out of status. He did not apply for h1b extension. He wants to come to USA again, since h1b quota for 2005 is reached, can he come back to USA?
Thanks
Murali
11-07-2004, 12:24 PM
if he is already out of status he cant. Need to have new visa.
shiv_h1transfer
11-08-2004, 05:39 PM
He is considered part of quota given he is in India. He could have applied for H1-B transfer (which does not come from quota) if he was in the US and still employed with his old employer.

He can now either come to the US to visit on a B1/B2 or his company has to send him on L1 if he wants to work here. He can only begin new employment with any other firm in the US only after Oct 1, 2005 on H1-B.

Not a legal opinion