Am I eligible to H1B Remainder?

[tsarina]

I had H1B visa when I worked in USA. I had the first almost three years visa stamped on my passport: from December-30-2009 till July-30-2012.

I did not use all my six years H1B, I only used almost two years and 3 months, as I left USA to my home country on leave without pay in August 2011 and then totally left my USA job on March 1 of 2012.

I have been outside USA actually since August 2011, more than a year. So I did not use 3 years and 9 month of my H1B visa.

- Am I eligible to use the H1B remaining period (almost four years) and avoid re-applying for new H1B and be subject to cap?

- If I am eligible, can I start working in the US any time as long as I have an employment letter? Or do I need to wait till October?

Thanks

[pontevecchio]

"Am I eligible to use the H1B remaining period (almost four years) and avoid re-applying for new H1B and be subject to cap?"

Yes

"- If I am eligible, can I start working in the US any time as long as I have an employment letter? Or do I need to wait till October?"

An employer has to get a H1 petition approved and then you get the visa and come over and start.

Thanks

[tsarina]

Thanks! I want to check how easy the logistics are for the employer to get someone like me.

- Cost: Is the H1 petition as costly as the original 6-years H1B?

-Time: Can you give me an idea about the processing time? I understand that unlike the fresh 6 years H1B, I am not constrained to start working in October or later.

Say I got an offer, typically how long it would take for me to be eligible to work in USA?

Thanks!

[pontevecchio]

The cost is possibly the same and maybe less. That is not your problem. A few thousand Dollars for him and them and you will make them much more money for them. A potential employer could file a H1v petition for you and get it approved in a few weeks and you can start anytime after approval.

[tsarina]

So the advantage of the H1b Remainder option is:

- exemption from cap, and

- flexibility in starting time.

Thank you very much! I highly apprecate your help. (I pressed the "like this" button but it tells me I reached my quota)

[pontevecchio]

It seems the firm has hired H1 employees to set up their software for the forum as it seems that even I cannot like my reply as the so called quota is over. In any case best of luck and feel free to talk to a Lawyer with specifics.

[tsarina]

Thanks!