H1B Out of Quota eligibility

[ramaraju77]

Hi,

I have a question on eligibility for H1B out of quota . Please help.

 

My wife was on H1B from 2007 to 2010. We went on vacation to India in May 2010 and we had to go for stamping. My wife got held up because of 221g as she could not submit client letter. Subsequently she stayed back in India and her H1B petition which was valid till Mar 2011 eventually expired.

 

My wife came back to USA in Sep 2012 on H4 VISA (please note she stayed in India more than a year). He old H1B expired in 2011.

We were just hoping that she could try get back the remaining period of 6 yrs on her old H1B again through another employer. Can she apply for a fresh H1B out of quota to claim remaining 6 yrs or she has to wait till April 2014 to file for H1B.

Please guide us as we are hearing different answers.

 

Thanks and Reg

Srikanth Ramaraju

[t75]

Her employer can file for the remainder