H1B validity

[allen_j]

I worked for company A on an L1B visa from Sep 2006 to Sep 2007 and again with the same company A from June 2008 to May 2012. I never changed company. Meanwhile, company B applied for a H1B and i got the approval notice - I129 to work for the 2008 H1B quota[10/01/2007 to 09/25/2010]. I never worked for company B. I am currently in India and would like to know.

 

1) Can company C file a new cap exempt H1B on my behalf using the 2008 H1B approved petition since I have 2 years still left for my 2008 H1B approved petition?

 

Thanks!

Allen

[jairichi]

You have only one year left. Where did this 2 years come from?

[allen_j]

Thanks Jai. I thought the calculation for the number of years would be from june-2008 to may-2012 which is 4years. If I get just 1 year, what would be my option to extend beyond 1 year?

[jairichi]

Thanks Jai. I thought the calculation for the number of years would be from june-2008 to may-2012 which is 4years. If I get just 1 year, what would be my option to extend beyond 1 year?

You would have got that one extra year if employer had filed a fresh L1B petition after you have stayed outside US for a year in 2007. To get H1B beyond 6 years you need to have an approved I-140.

[allen_j]

Jai,

 

Is it true that H1B petition approved in April 2007 is only valid till 2013 for my case? Could you please let me know? I am hearing that i cannot claim the 1 year since the H1B petition was unused and now it is beyond six years.

 

Thanks!

[jairichi]

Jai,

 

Is it true that H1B petition approved in April 2007 is only valid till 2013 for my case? Could you please let me know? I am hearing that i cannot claim the 1 year since the H1B petition was unused and now it is beyond six years.

 

Thanks!

No that is not the case. You are allowed to be cap exempted till you reach the max allowed of 6 years on H1B.