#new_vistor Posted July 1, 2013 Report Posted July 1, 2013 Hi, Although there are simialr topic on forum, in my case original petition wasissued in oct 2004 which is older than 6 yrs, hence posting this question to know if we can go for extention or apply new H1B with non-cap (using cap from previous H1B petition). I had H1B visa which I used for onsite assingment. Out of six years of H1B limit, I stayed in US for for 2 yrs 8 months and returned to india in Aug 2007. After that I never went to US and never renewed my Visa which expired in Oct 2007. Question - As per my understading my previous H1B visa petition under which 3 yrs 4 month duration is still valid, can be renewed now. And this renewal is excempt from annual H1B cap.Please confirm? H1B Petition details Valid from 10/01/2004 to 10/01/2007 Did not apply later for any extension H1B Visa Details/Stamped on my passport (time spent on US soil) 18 Dec 2007 to 18 July 2007
omshiv Posted July 1, 2013 Report Posted July 1, 2013 I believe you should be able to renew your H1b thru an employer...but to make sure talk to an Attorney.
#new_vistor Posted July 2, 2013 Author Report Posted July 2, 2013 I have got following response from the department with my employer whcih handle these matters. "If the petition has been approved 6 years prior and the validity dates being Oct 01, 2004 to Oct 01, 2007 the applicant cannot be eligible to file a Non CAP. This response is in conjunction with the immigration law and memorandum." Is this correct and latest rule?
pontevecchio Posted July 2, 2013 Report Posted July 2, 2013 That department is absolutely wrong. But you cannot force anybody to give you a job. THERE IS NO 6 YEAR LIMIT as was stated.
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