H1B - Claiming remaining years

[push818]

Hi,

I hold a H1B petition which was expired in the year of 2009. The petition dates are as below:

Receipt Date: April 29, 2006

Notice Date: July 19, 2006

Valid From: 10/01/2006 - 02/03/2009

 

I traveled to US and worked for 20 months between 8^th April 2007 to 06^th Feb 2009. My Visa expired on 06^th Feb 2009 so I went back to India.

 

My Question is, am I eligible to claim the remaining months in my H1B? Am I CAP Exempt?

 

Currently I’m on F2 Visa, and there is a job offer but the employer’s immigration office has come back stating the H1 cannot be activated since it’s more than 6 years, but my consultant is confident that my H1B can be revoked and processed. As I’m getting multiple views I wanted to get the expert opinion before proceeding further.  

 

Appreciate your response.

 

Regards

[jairichi]

Hi,

I hold a H1B petition which was expired in the year of 2009. The petition dates are as below:

Receipt Date: April 29, 2006

Notice Date: July 19, 2006

Valid From: 10/01/2006 - 02/03/2009

 

I traveled to US and worked for 20 months between 8^th April 2007 to 06^th Feb 2009. My Visa expired on 06^th Feb 2009 so I went back to India.

 

My Question is, am I eligible to claim the remaining months in my H1B? Am I CAP Exempt?

 

Currently I’m on F2 Visa, and there is a job offer but the employer’s immigration office has come back stating the H1 cannot be activated since it’s more than 6 years, but my consultant is confident that my H1B can be revoked and processed. As I’m getting multiple views I wanted to get the expert opinion before proceeding further.  

 

Appreciate your response.

 

Regards

There are conflicting views about activating a H1B after 6 years. But, I believe you can get your employer to file a cap exempt H1B petition and upon approval you can start working. You will get 6 months - 20 months. Contact an attorney at Murthy firm for consultation.

[push818]

Thank you,

 

 I have already reached out to Murthy's law. I have sent my query and awaiting their response. Hopefully I will get some help soon.

[jairichi]

There are conflicting views about activating a H1B after 6 years. But, I believe you can get your employer to file a cap exempt H1B petition and upon approval you can start working. You will get 6 months - 20 months. Contact an attorney at Murthy firm for consultation.

Sorry 6 years - 20 months 

[kangeyan]

push818:

 

Did you get a response for your query from Murthy firm on activating H1 that expired 6 years ago.. 

 

Thanks