Cap exempt H1b visa option after 6 years of petition approval and with in 6 years of visa expiration.

[sam2016]

Hi,

My H1B petition was approved and valid from 12 Sep 2013 to 11 Sep 2016. Meanwhile I worked in US in h1b status from 24 Feb 2014 to 6 June 2014 as I had to come back to India due to personal reasons. After that, I didn't get a chance to re-enter US on h1b status and was working from India for the same US employer who filed my H1B petition from their Indian development center. I had spent only 105 days in the US on h1b status.My question is , Is there any option for me to apply for a cap exempt H1b visa and recapture the unused days on my h1b visa tenure through another employer when the h1b processing starts on April 2020.

[gopalakrishnach]

I am not an expert and I guess your H1B is gone. You need to file under lottery. I may be wrong.

[adshah84]

You do not need to wait till Apr 2020. 

Your new employer can file cap exempt petition at any time and you can get remaining time of  6 years.  

[gopalakrishnach]

9 hours ago, adshah84 said:

You do not need to wait till Apr 2020. 

Your new employer can file cap exempt petition at any time and you can get remaining time of  6 years.  

Donot you think he started his h1B and allowed it to expire without extended it?

[adshah84]

4 hours ago, gopalakrishnach said:

Donot you think he started his h1B and allowed it to expire without extended it?

Doesn't matter. He has worked on H1b once so he should be able to use remaining time. 

I am not a lawyer but that is my understanding. 

[sam2016]

On 7/26/2019 at 1:59 PM, adshah84 said:

You do not need to wait till Apr 2020. 

Your new employer can file cap exempt petition at any time and you can get remaining time of  6 years.  

Oh! That sounds great.

[Jameel]

Hi @sam2016   where you able to recapture the unused remaining H1B time period. ie., through cap exempt (without going through lottery)?  

I also have the same question and facing a similar scenario. Please advise. your help is appreciated.