Un-claimed H1B period and expired Visa

[apk123]

Hello Experts,

Here is my situation:

I have worked in US for 4 years and my visa expired in Sep-2013. My H1 was not revoked.

 

Now, I would like explore opportunities in US and looking at options to come back to US.

 

Based on my understanding so far, this is what I learned:

Option1: Quota-exempt : I can claim reminder of 2 year term. But, I want to work in US beyond 2 years.

Option 2: Fresh H1B (since, I stayed out of US for more than 1 year). But, challenge here is that I will be subject to the lottery (also, it is too late now for this option).

 

With Option 1, I understand that initiating GC and clearing the first hurdle within 2 years, should help you extend  visa by a 1 year.

 

What are your suggestions/recommendations, given my situation.

 

Appreciate your inputs.

 

Regards,

Deepu

[wiweq]

"With Option 1, I understand that initiating GC and clearing the first hurdle within 2 years, should help you extend  visa by a 1 year." - This is the option I will go with. Enter in USA with cap exempted H1b, and get your GC started. 

[ashuneel]

GO with option 1.

File PERM/ Labor  before you start year 6 and you should be fine.

[rahul12345]

It all comes down to your lawyers and how they present your case to recapture those 2 years. I recently got my visa transfered to new employer (3rd employer), and we tried to recapture the time I had not used on my 1st H1B. I had 19 months left on 1st H1B and another 12 months left on my 2nd H1B. I had gone back to India for couple of years after my 1st H1B, My visa transfer was approved, and the visa was extended for another 3 years, few months more than what we expected. 

 

Go for option 1 with some good immigration attorney. The time you have spend in India will help you. 

[jayk]

Hi, 

Here is my situation. Thanks a lot for your response in advance.  

 

H1B - Oct 1, 2006 to Sept 0, 2012 - 6 yrs

Currently outside US since 2012, September

 

Recapture Days during 6 yr H1B - 68days

 

1. Can H1B applied under cap exemption avoiding lottery?

2. If yes, can extension be filed once in US before within the 68 day period for 3 years (because I am outside the country since 2012)

 

Thank you

JK

[ashuneel]

1. Yes.

2. File extension in you home country get approval and visa stamp.