H1B cap - previously had an H1B, returned to my home country, and then got a new job offer in the US

[PlQandA]

Hi, 

I was issued a H1B in 2007. I worked on H1B, in U.S., from Oct, 2007 - Dec, 2010 and have been out of the U.S since Dec, 2010. Now, in 2019, can I file a cap-exempt petition to reclaim unused time? Or, do I have to file a fresh H1B petition under quota (subjected to cap) in 2020?

My Qualification: I hold a master's degree from U.S. university.

Thanks in advance,

PL

Edited December 16, 2019 by PlQandA
Fine tuning the content

[User099]

You can file a Cap exempt petition now.

[raj_km]

Hi There,

Similar to above case. 

I was issued a H1B in 2014. I worked on H1B, in U.S., from March, 2015 - March 2016 and then returned to home country after that. I have been out of the U.S since then. Initially it was stamped for 3 years and the stamping got expired on 2017 September. Can I file a cap-exempt petition to reclaim unused time via a new employer? If yes, how long I can wait before applying for cap-exempt. I would like to know if there is any lapsing period for an H1B stamped in 2015.

Thanks in advance,
raj_m

[himaverick]

Hi User 099, I have an stamped but unused VISA since 2011. Can I use it for a cap-exempt petition now?

[User099]

On 12/20/2019 at 1:43 AM, raj_km said:

Hi There,

Similar to above case. 

I was issued a H1B in 2014. I worked on H1B, in U.S., from March, 2015 - March 2016 and then returned to home country after that. I have been out of the U.S since then. Initially it was stamped for 3 years and the stamping got expired on 2017 September. Can I file a cap-exempt petition to reclaim unused time via a new employer? If yes, how long I can wait before applying for cap-exempt. I would like to know if there is any lapsing period for an H1B stamped in 2015.

Thanks in advance,
raj_m

You can file under cap exempt anytime, there is no lapsing period or waiting period to use the remaining H1 duration. 

[User099]

On 4/22/2020 at 1:44 PM, himaverick said:

Hi User 099, I have an stamped but unused VISA since 2011. Can I use it for a cap-exempt petition now?

I think yes, since you are stamped you are counted towards the cap count. But its better to confirm with an attorney if they see any issues.