Urgent help please - H1B time wrongly recaptured when not required to do so!!


Recommended Posts

Hello All,

Any help with this will be greatly appreciated! Please advise.

This is my case - I was on an H1 here until Oct 2008 and then left the country for over a year and came back on a fresh H1 in Nov 2009 with Company A (though I was here on a B1 for 50 days in between). The new H1 was done in the new cap I think valid from Oct 09' to Dec 12'.

I then transferred my H1 to Company B where instead of asking for a fresh H1 of 3 more years, they recaptured all my time spent abroad from 2006 and then got an H1 which made it look like my 6 years were getting used from 2006 onwards. So, now I only have validity until Feb 13' when I really should have got an H1 until 2015.

Is there any way I can correct this? I want to transfer my H1B back to Employer A and so, when they file for the transfer, is it possible for them to clarify the issue and get USCIS to see that this really was a fresh 2009 H1 and so, should be valid until 2015 or am I doomed?

Please let me know. Thanks.

Link to comment


This topic is now archived and is closed to further replies.