H1B Cap Exempt

[prashu_murthy]

Hi,

 

I was in US till Mar 2012 on L1B visa and returned back to India on 31-Mar-12 as my L1B Visa is getting over (All the 5 years) on 10-Apr-12. Once I returned to India, my company had applied for a fresh H1B in 2012-13 quota and the petetion got approved in Dec 2012 but the expiration date of 9-Sep-13. I couldn't go for stamping before 9-Sep-13 as I went to another country in the mean while.

 

My company wanted me to fly to US now by renewing the expired H1B petetion. Can you please answer below questions for me:

 

1. As I am outside US for 21+ months now, If I renew the expired H1B petetion will my H1B be valid for 6 years (or) will it be given for one year ?

2. Can I apply for a new H1B in this year's (2014-15) quota if the expired petetion gives me only one year and can I go to US meanwhile by renewing the expired petetion ? If yes, can my compamy only can apply for fresh H1B in this year's quota ?

3. If I go to US by renewing the expired H1B petetion, can I apply for Labour as soon as I arrive in US such that I can continue over there ?

 

I am asking all these questions because If I come to US, I wanted to stay for atleast 2 years due to some personal issues.

 

Please advice me on this .. Thanks in advance for all of your guidanace.

[jairichi]

Hi,

 

I was in US till Mar 2012 on L1B visa and returned back to India on 31-Mar-12 as my L1B Visa is getting over (All the 5 years) on 10-Apr-12. Once I returned to India, my company had applied for a fresh H1B in 2012-13 quota and the petetion got approved in Dec 2012 but the expiration date of 9-Sep-13. I couldn't go for stamping before 9-Sep-13 as I went to another country in the mean while.

 

My company wanted me to fly to US now by renewing the expired H1B petetion. Can you please answer below questions for me:

 

1. As I am outside US for 21+ months now, If I renew the expired H1B petetion will my H1B be valid for 6 years (or) will it be given for one year ?

2. Can I apply for a new H1B in this year's (2014-15) quota if the expired petetion gives me only one year and can I go to US meanwhile by renewing the expired petetion ? If yes, can my compamy only can apply for fresh H1B in this year's quota ?

3. If I go to US by renewing the expired H1B petetion, can I apply for Labour as soon as I arrive in US such that I can continue over there ?

 

I am asking all these questions because If I come to US, I wanted to stay for atleast 2 years due to some personal issues.

 

Please advice me on this .. Thanks in advance for all of your guidanace.

1. 1 year. You need to be outside US for 365 days before a cap subject H1B petition can be filed to get 6 years.

2. If employer applies a cap subject H1B petition by April 2014 and on approval you will get 6 years from the date of entry. If you use your old petition and enter your employer cannot file a cap subject H1B petition this year to get 6 years. You would need to wait 365 days outside US to file a cap subject H1B petition to get 6 years.

3. Refer 2.