Regarding a fresh H1B with Old approved petetion of 2008.

[sanjeevjntu]

I have applied for H1B in 2008 April through company 'A'. My petetion got approved and I received I797B however i dint go for VISA STAMPING interview with US consulate as my employer 'A' was not ready to give me a job due to recession. The I797B says the expiray period as Oct 1st,2011.

Now I am applying for fresh H1B through company 'B'.

My question here is whether i will get 6 years period on new H1B or it will be only 2.5 years(if old H1B petetion of 2008 is considered)? Will they consider old petetion period? Please reply.

[reach2akshay]

I'm having same situation as mentioned by Sanjeev:

I have applied for H1B in 2008 by company 'Y'. My petetion got approved and I received I797B however i did not go for VISA STAMPING interview with US consulate as my employer 'Y' was not ready to give me a job due to recession. The I797B says the expiray period as Oct 1st,2011. Means validity of I797B has expired.

My question, can I get this renewed by company 'X' or I've to apply for a fresh H1 B...? Pls. help.

[Jyothis]

As far as I know, only time spent in US working is considered against your used time. You should be able to get the full time if you never used an H1b.

Someone with more experience can correct me if I am wrong.

[livliv]

The above is correct. Only the time spent in the US in H1 or L1 status counts towards the 6 year limit.