Legal Question in Immigration Law in California


Re-posting - Modifying the first question a bit:

I used to work in USA on H1-b visa in past during year 2006 to 2010. I am out of USA for last 30 months now. My previous employer would like to take me back on payroll. My questions at this time:

1) Do I need to file my H1-B in new quota (April 2013) or I am eligible to file extension as I did not used 6 years on my last visa and I am out of USA for more than 1 year now.

2) I spend more than 6 months on unpaid leave for personal reasons in United States before coming back to my home country. Does that going to impact any of my visa processing?

3) Do I need to produce my old pay stubs for H1-b application?

I would appreciate inputs on above points.


Asked on 10/16/12, 6:26 am

1 Answer from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law
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You could file H1B now. Unpaid leave could become an issue but we need more facts. Please call us for free consultation at 619-922-5287 or 619-501-1616 or email at

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Answered on 10/16/12, 2:28 pm

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