H1-B extension- after previous, partly unused H1-B expires?


sushy06

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Hi,

 

My situation is

 

1. Got my first H1-B approved in OCT 2010, under cap exempt master's quota.

2. Worked on H1 till June 2012. for about a 18 months.

3. Iniated change of status to H4 in June 2012, due to pregnancy.

4. On H4 officially, since Oct 2012.

5. H1-B expires on Sept 30th 2013(today).

 

I planned to re-invoke the H1-B before it expired, but dint get the right opportunity. But now can I still

apply for an extension with a new employer with the previous partly unused H1-B?

 

Is it still possible for me to apply now itself considering I get a project soon, or Do I have to wait till april 2014 for filing extension?

 

Somebody please help me.

 

Thanks,

Maragatha Sivagami.

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Hi,

 

My situation is

 

1. Got my first H1-B approved in OCT 2010, under cap exempt master's quota.

2. Worked on H1 till June 2012. for about a 18 months.

3. Iniated change of status to H4 in June 2012, due to pregnancy.

4. On H4 officially, since Oct 2012.

5. H1-B expires on Sept 30th 2013(today).

 

I planned to re-invoke the H1-B before it expired, but dint get the right opportunity. But now can I still

apply for an extension with a new employer with the previous partly unused H1-B?

 

Is it still possible for me to apply now itself considering I get a project soon, or Do I have to wait till april 2014 for filing extension?

 

Somebody please help me.

 

Thanks,

Maragatha Sivagami.

Since you were subject to cap earlier, a cap exempt H1B petition can be filed by an employer anytime and on approval you can begin working for him/her

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Also I have one more question, I'm going on a vaction to India in Nov, considering that I get a project before that or about that time,

can I file my H1-b still or do I have to be physically present withing US while processing H1-b?

 

And do I have to go only with my previous employer while filing this H1-b for claiming the unused years or

can I file through another employer too?

 

Appreciate if you would please help me with this too.

 

Thanks,

Maragatha Sivagami.

Link to comment

Also I have one more question, I'm going on a vaction to India in Nov, considering that I get a project before that or about that time,

can I file my H1-b still or do I have to be physically present withing US while processing H1-b?

 

And do I have to go only with my previous employer while filing this H1-b for claiming the unused years or

can I file through another employer too?

 

Appreciate if you would please help me with this too.

 

Thanks,

Maragatha Sivagami.

Since you will be outside US by that time your ex-employer or any new employer can file a cap exempt H1B petition and on approval with a valid, unexpired H1B visa and I797 you can enter US and work for employer.

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