H1-B 6 year clock

[arn0711]

Hi All,

 

I got my first H1B visa from company A stamped in year 2010. But, it was never utilized.  Then, it got transferred to company B in Feb 2012 and then I entered US in Mar 2012 first time on H1B visa from company B.

 

In this case my 6 year H1B clock starts from Mar 2012, is that correct? Please advice.

 

Thanks in advance.

 

 

[jairichi]

Hi All,

 

I got my first H1B visa from company A stamped in year 2010. But, it was never utilized.  Then, it got transferred to company B in Feb 2012 and then I entered US in Mar 2012 first time on H1B visa from company B.

 

In this case my 6 year H1B clock starts from Mar 2012, is that correct? Please advice.

 

Thanks in advance.

Yes, you are correct.

[bhalc]

Yes

[SG81]

Dear Murthy Law team

 

My firm applied for my H1B in 2005 which had got approved. However I never came to the US on that H1B petition.

 

My company later applied for my L1B and I travelled to the US.

 

Now, i.e. after almost 8 years, I want to reapply for H1B. My old H1B petition is expired.

 

But, can I apply for H1B now without coming under cap or am I still cap eligible?

 

Thanks for the help in advance.

 

Regards

Gaurav

[JoeF]

How long have you been on L1?

The time on L1 and H1 is combined.

To get a fresh 6 years on H1, a new H1 petition would have to be filed under the quota. Otherwise, you'd just get the remainder, i.e., 6 years minus the time on L1.

[jairichi]

 

Dear Murthy Law team

 

My firm applied for my H1B in 2005 which had got approved. However I never came to the US on that H1B petition.

 

My company later applied for my L1B and I travelled to the US.

 

Now, i.e. after almost 8 years, I want to reapply for H1B. My old H1B petition is expired.

 

But, can I apply for H1B now without coming under cap or am I still cap eligible?

 

Thanks for the help in advance.

 

Regards

Gaurav

 

If you have spent your maximum of 5 years on L1B you will be able to get 1 year from your old H1B petition. To get full 6 years on H1B you would need to stay outside US for 365 days and after that a prospective employer should file a cap subject H1B petition.

[SG81]

Thank you all for this.The unfortunate part is I donot know the receipt number of the approval notice.Our HR department told me that my H1B was

 

approved.I just came to UK at that time and didnot know what to do.I just kept silent.

 

I have left the company through which my petition got approved.I donot have hope of getting my receipt number of approved petition.

 

 

Is there a way that I could get it ?How long does it take to get the copy of approved petition.If my company revoked it,would I still be in cap exempt

 

H1B ? If it was applied in lottery,can I still use that petition.