Timeline for recapturing unused H1B period

[kswamin]

Hi all,

 

I got my H1B after completing my MS in US in 2010 through a company where I was hired full time. My H1B was approved under Masters quota if I'm not wrong.The visa validity on the passport was from Sept 2010 to Oct 2013. During that period, I worked only for 11 months ie. Oct 2010 to Nov 2011 and returned to India. I haven't been to US since then.

Currently I'm considering moving back to US. These are my questions. I would be very grateful for your replies

 

1. Since I used only 11months, I'm still eligible for the remaining 5 years+1 month of total stay period under H1b. Correct?

 

2. If I want to recapture the remaining period, ie. find a job and file H1B non cap petition through the new employer, what is the timeline?

 

should I try to do the same before Sep 2016 = Sep 2010 [date of issue] + 6 years  or do I have time until Oct 2019 = Oct 2010 [date of expiry on passport] + 6 years

OR

Since I already used 1 year of the H1B period, should I try to do the same before Sep 2015 = Sep 2010 [date of issue] + 5 years  or do I have time until Oct 2018 = Oct 2010 [date of expiry on passport] + 5 years

 

3. Is there any timeline at all for applying for H1B transfer under non-cap? Is it that once you are through lottery, all further H1B transfers are non-cap for indefinite period of time until you use up the 6 years?

 

4. I heard few people telling that, from date of approval until 6 years is the total time I would have if I want to recapture the H1 under non cap. Beyond that I would have to apply for a fresh H1 under lottery system. Is it true?

 

Your inputs will be helpful i my decision. I'm worried that I have only until Sept2015 as my last chance to get back the H1 under non-cap.

 

Thanks

 

[kswamin]

Small correction : My I797A shows valid from 10/27/2010 until 09/30/2013 but my passport H1B visa stamp shows issue date : 10 Dec 2010 and expiry date : 30 Sep 2013 since I went to India to get my new visa stamped on my passport.

Since I stayed in US under this H1B from 27 Oct 2010 to 24 Nov 2011, this would be 1year and 1 month instead of 11 months which I mentioned in my original post. Sorry for the confusion!!

[jairichi]

1. Yes, that is correct.

2. Anytime.

3. Anytime.

4. Nope.

 

Talk to an attorney from Murthy law firm.

[bordoloa]

Hi,

My employer A had filed my H1B petition (within cap) in 2001 and I travelled to the US for 5 months in 2002. Thereafter I never travelled on my H1B again. I have travelled several times on L1B, Business visa and am now in the US for last 4+ years on L1A.

- Can employer A apply for my H1B (outside cap) in lieu of the remaining time I had on the previous H1B petition which would be for roughly 5.5 years? Is this possible while I am in the US on L1A or do I need to be outside US for one full year before this is feasible?

- Is the same feasible by another employer B?

Thanks.