Reclaim remaining H1b period - Expired in 2015


pankaj24

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Hello All,

This is on behalf of my friend.

She is in USA since 2008 on H4, H1b and H4 again. She worked on H1B from Oct 2009 to March 2012, She had her H1b extension approved until 2015. After March 2012 she did not use her already approved H1b.  There are still 3+ years remaining on that H1b. That H1b got expired in 2015. 

Currently she is on H4 EAD, can she move again to the H1b by reclaiming her remaining 3+ year through a new employer ? Will it be cap exempt petition ? 

I read somewhere that, if the unused H1b has expired for more than six years before, we cannot reclaim it via cap exempt H1b petition. Is it true ???       

Any help on above is appreciated.

Than you.

P.

 

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