H1B Recapture Non Cap Category


lava.gummadi

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Hi,  

I have entered US using L1B visa in May 2010 and stayed on L1B until September 2013

My company filed H1B under CAP and its effective from October 2013.

Now my max out date is July 2016 completing 6yrs on L+H visa using all recaptured time. 

 

My question is if I stay for an year outside USA after completing 6yrs in US, can I use the same H1B petition that I got approved in 2013 to come back to US in Non CAP category, say in September 2017 since I did not use complete 6yrs of H1 ? is that possible?

 

your inputs are greatly appreciated.

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@pontevecchio - Correct , I am already aware of that

 

I have also presented my case to attorneys of my organization and their response is: 
Max out period of 6 Years is applicable whether it’s continuous only on H1B or a combination of L1B+H1B, however if you maxed out with the case of L1B+H1B which means I did not utilize the full capacity of H1B for 6 years. Cool off period of 12 months outside USA will unlink H1B with L1B and H1B will be on its own. 
Thus I will be eligible to recapture the unutilized time on H1B [which is little over 3 Years] 
 
does that make sense ? and is it a legal procedure to follow?
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  • 1 year later...

lava.gummadi,   my case is also around your case , diff is I did not work in h1b  and left to India before its approval,.. can you see my case and confirm that my clock also gets reset

Currently, I am in USA with H1B visa, before that I have been in USA for 2 years and 2 months on L1B visa. 

My USA entry and exit details are - 

Entry Date                              Exit Date                             VISA Type

4 April 2012                            30 June 2014                          L1B

1 May 2016                                                                              H1B

IMP--

  • My current H1B was filed on 02 Apr 2014 quota when I was in USA on L1B and got approved in August 2014. 
  • I left USA in July 2014,  stayed in India until APril 2016 and  Travelled back to USA  in May 2016
  • I was never in h1b status in 2014 since it got active in the oct 2014  but I left USA  in July 2014.

Question: Please let me know whether my L1B stay of 2 years and 2 months will be included in my H1B max out of 6 years or not.

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