Using H1B Remainder Option

[preityghil1231]

Greetings to all :)

My H1B petition for FY 2007 was filed in the year 2006.

My H1B visa was stamped on 20 July 2007 - with expiration till 24 December 2009.

I have been out of US 5 years and 6 months. Left the country on July 2008- present.

1) Can i use the H1B remainder option in 2013

and

2)till when?

I will really appreciate your response.

Thank you!

[pontevecchio]

Yes. How many months were you in H1 status?

[preityghil1231]

Thank you for your response :)

I was on H1 for 1 and half year. So I have 4 and 1/2 years left on it.

My second question is ...When is the last day for me to apply for the remainder H1 petition?

1)Can I apply for my remainder option (of H1B FY 2007) in 2014 and any year after 2014?

or

2)My remainder option will be valid only till 2013?

[preityghil1231]

Thank you for your response :). I have 4.5 years left on my old H1B.

My second question is

Till when can (the employers) submit my H1B petition for using the remainder option.

As mentioned before my previous H1B petition was for FY 2007.

1) Can I apply for the remainder H1B option at any time....be it 2014, 2015 ...and so on.

or

2)Do I have to apply for remainder H1B option in 2013 itself?

Do I have a deadline for applying for remainder H1B option which was initially issued for FY 2007?

Thank you!

[pontevecchio]

A new employer can in theory file your non cap H1 petition even after a decade. That is besides the point. If an employer files a non cap H1 petition for you say with PP and gets it approved next month you can get the visa and come over any time after that and start work. 6 years of H1 status can be spread over ANY number of years. It does not mean that since your H1 petition was first approved in 2007 that you cannot file the reminder after 2013. You certainly can. But if you have a sponsor file a new cap subject H1 petition in April, you will get back an entitlement of a total of 6 years if that makes a difference.