Eligibility to qualify for H1B Cap Exemption after H1 expiration

[rajat12]

Hi,

I was working in US on H1B visa and I returned back to India in Mar-2011.

My H1b status is as follows:

a) Approved petition from April-2009 to Jan-2012

b) Stamping valid till Jan-2012.

After coming to India, I switched my job and didn't return back to US since then.

My queries are:

1. If I have to return back to my old employer, can the employer file for H1 extension under cap exemption? (Given that H1 petition and H1 visa have both expired)

2. How will it effect my case, if the old employer might have already cancelled my H1b visa?

3. There has been a year gap since I returned back to India. If H1 can be filed under the old cap, will I be eligible to work for 6 years or I will be only eligible for the period that is balance after accounting for my previous stay in US?

Thanks,

Rajat

[t75]

Must fo through quota again in April 2013 for 6 more years. Even new employer can file for rest of current time with proper documentation from you.

[pontevecchio]

It is unfair to expect us to do the math.

1. Yes. But you need a new visa stamp if approved for the H1.

2. Immaterial.

3. Unless you have somebody file your H1 petition in the coming april for a start date of October and get it approved you can only claim the remainder of your total of 6 years which would be about 4 years in total with no period more than 3 years at a time.

[rajat12]

Thank you for your responses. I have some related queries.

If you may please provide your inputs on these as well.

1. Is there any time restriction related to filing under cap exemption? i.e. is there some time period after the end date on the old petition within which the employer needs to file for H1 extension?

2. I have just one more year left out of the 6 that are available. If I reclaim this one year under cap exemption - can my employer also file for fresh H1 under the new quota next year or will the employer have to wait for an year after my return back to India to be able to apply for new H1? Please advise.

Thanks,

Rajat