Unused Period of H1B

[bsbiradar]

Hi

My H1B visa was valid from 1 Oct 1999 to 30 Sep 2002, I worked from Apr 2000 to Sep 2002,application for H1 extension for next 3 years was under process,when i returned to Indian in Sep 2002, my company then sent on L1 in Jan 2003, returned to India due to medical problem in Apr 2003.

In the meanwhile my H1 extension until 2005 was approved, however i did not go to US (L1 expired in jan 2004 and H1 in Sep 2005)

I have used around 22 months of H1B, can i get new approval for the remaining/unused 50 months period?

Thanks & Regards

Basavaraj

[livliv]

Have you ever worked in the US in H1 status after 2005? USCIS only considers petitions withing last 6 years for cap-exemption.

The annual cap is open right now, and you seem to be outside the US for more than 1 year now. You can get fresh 6 years. But the earliest start date will be Oct 1.

[wiweq]

Calculate yourself:

Your time left on H1b/ L1:

6 years - (time stayed in USA on L1 + time stayed in USA on H1b)

[JoeF]

That's too long ago. You would have to get a new H1 under the quota.

[pontevecchio]

While there is no time period specified to reclaim the remainder option and you are entitled to the remainder that matter is academic and moot since the quota is open and an employer would have to file a H1 petition for you in any case and get it approved.

[bsbiradar]

Hi livliv/wiweq

Thanks for the responses

I have not worked in US after 2004, does it mean that i have to file for fresh H1? or can i still use the remaining 48 months of H1 (6yrs- time used in H1-time used in L1) without being part of new 65K cap?

Thanks

[livliv]

Hi livliv/wiweq

Thanks for the responses

I have not worked in US after 2004, does it mean that i have to file for fresh H1? or can i still use the remaining 48 months of H1 (6yrs- time used in H1-time used in L1) without being part of new 65K cap?

Thanks

No, only petitions filed within the last 6 years are considered for cap-exemption.

Your employer will need to file a cap-subject petition with the earliest start date of Oct 1. But you will get fresh 6 years of stay in the US.