kswamin Posted March 6, 2015 Report Share Posted March 6, 2015 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 Link to comment
kswamin Posted March 6, 2015 Author Report Share Posted March 6, 2015 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!! Link to comment
jairichi Posted March 6, 2015 Report Share Posted March 6, 2015 1. Yes, that is correct. 2. Anytime. 3. Anytime. 4. Nope. Talk to an attorney from Murthy law firm. Link to comment
bordoloa Posted September 9, 2016 Report Share Posted September 9, 2016 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. Link to comment
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