wtulsian Posted December 3, 2011 Report Share Posted December 3, 2011 I came to US on H4 visa. Then I got an H1-B 3 years ago which expired in Sept. 2011. I wasn't able to work on H1-B as I had a baby and I was staying home to take care of him. So, because I wasn't working while I was on H1-B I changed my status to H4. Now, I wanted to get a job. But the H1-B I had previously is expired and I am currently on H4. Now, in order to get a new H1B or reclaim my old (expired) H1-B, would I fall under the annual H1-B cap/quota? Would I have to get a new H1-B or could I reclaim my previous H1-B? Link to comment
Jollyjane Posted December 19, 2011 Report Share Posted December 19, 2011 Hello, I have not been in a similar position but from what I understand, if you have not worked for even 6 months on your original H1, then you cannot get an extension on the earlier petition. Do check with a lawyer though. Link to comment
pontevecchio Posted December 20, 2011 Report Share Posted December 20, 2011 Please ignore the earlier post which is not factual. Having been cap counted you can claim the remainder of your H1 time, 6 years minus time previously spent in H1 status. Any employer would need to file a new noncap H1 petition with COS from H4. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.