USING H1 REMAINDER OPTION IN 2014 FOR OLD 2007 PETITION

[preityghil1231]

Dear All,

I am still confused over the H1B remainder option as there are no clear rules on the time limit.

 

My H1 petition was approved in 2007

My H1B visa was stamped in July 2007

I was on an H1B status till July 2008.

 

Now I want to work in US once again. Can I exercise my cap exempt remainder option in 2014? My old H1B petition was approved 7 years ago and I was in H1B status within 6 years prior to 2014.

 

Some believe that H1B petition should have been approved within the past 6 years.

while

Some say that one should be in H1B status within past 6 years

while 

Some day it do-sent matter when H1B was approved, as long as it was cap counted and has not been completely utilized.

 

Could someone please advise me on this.

[jairichi]

Dear All,

I am still confused over the H1B remainder option as there are no clear rules on the time limit.

 

My H1 petition was approved in 2007

My H1B visa was stamped in July 2007

I was on an H1B status till July 2008.

 

Now I want to work in US once again. Can I exercise my cap exempt remainder option in 2014? My old H1B petition was approved 7 years ago and I was in H1B status within 6 years prior to 2014.

 

Some believe that H1B petition should have been approved within the past 6 years.

while

Some say that one should be in H1B status within past 6 years

while 

Some day it do-sent matter when H1B was approved, as long as it was cap counted and has not been completely utilized.

 

Could someone please advise me on this.

As per rule an employer can file a cap exempt H1B petition and on approval with a valid visa and I797 you can enter US and work for employer.

[preityghil1231]

Thank you Jairichi!

 

The memo states "Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ........and so on"

 

What does " within the 6 years prior to the approval" imply?  There are three views on this as mentioned below. 

 

 

1) H1B petition should have been approved within the past 6 years.

 

2) Candidate should be in H1B status within past 6 years

 

3) It  does not matter when H1B was approved, as long as it was cap counted and has not been completely utilized.

 

Is point no 3 correct?

[jairichi]

Thank you Jairichi!

 

The memo states "Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ........and so on"

 

What does " within the 6 years prior to the approval" imply?  There are three views on this as mentioned below. 

 

 

1) H1B petition should have been approved within the past 6 years.

 

2) Candidate should be in H1B status within past 6 years

 

3) It  does not matter when H1B was approved, as long as it was cap counted and has not been completely utilized.

 

Is point no 3 correct?

Point number 3 is correct.

[pnagasub]

H1B petition should have been approved within the past 6 years