Am I counted in H1-b cap

[Lex02421]

Here's my history:

Nov 2002-May 2008: on H1-B w/ employer A

June 2008-March 2009: Worked in India for employer B

April 2009- June 2010: H1b w/ employer B- this was 3-yr extension based on pending I485 , expiring on March 2012

July2010- Dec2011: Worked in India for employer B

Jan2012- present: Working in US on L1

I know that 2013 h1b quota is almost finished. So if I change job with employer C, can I recapture period on H1 that I did not use and will that application be cap-exempt?

thanks for feedback

Lex

[mrcoolbuddy]

Yes. you can.

[Attorney_10]

Generally, if an individual has exhausted the six years of H1B time s/he may be eligible for extensions beyond the six years if a green card case is in process. A petition filed on the basis of an approved I-140 petition or labor certification would generally not be subject to the numerical H1B cap. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options that may be available to you.

[Lex02421]

Generally, if an individual has exhausted the six years of H1B time s/he may be eligible for extensions beyond the six years if a green card case is in process. A petition filed on the basis of an approved I-140 petition or labor certification would generally not be subject to the numerical H1B cap. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options that may be available to you.

Thanks for your reply. My green card process is no more active (I485 has been withdrawn). So I can not use that avenue to extend visa. Also employer B withdrew H1 petition in Sept 2010.

My first H1b petition with employer A ended on Oct 2008 , however I went to India in June 2008.

Now is there any way to recapture unused period? either from initial 6 years period or from the additional 3 yrs extension I had received based on approved I140 at that time