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

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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