first H1b i797 approved in 2006 extension i797 approved in 2009 expired in 2012 . Am I eligible for extension under cap exception in Feb 2014


manojnk

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Hi All Experts of this forum ,

I need some urgent help for my case of H1B extension. My employer A applied for H1B for me in 2006 and I got my request approved in 2006 I went to USA on this visa in 2008 and in Sept 2009 this petition was expirig hence It was been renewed by same emplyer A . This new i797 which I got in 2009 expired in 2012 .  I returned to india in Apr 2010.  After that I never traveled to USA.

 Now the same employer A wants to file visa under  cap exception H1B  case in 2014 .

Request all the experts here to let me know if this is feasible.

Thanks for going through my post.

 

Regards

Manoj

 

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Hi All Experts of this forum ,

I need some urgent help for my case of H1B extension. My employer A applied for H1B for me in 2006 and I got my request approved in 2006 I went to USA on this visa in 2008 and in Sept 2009 this petition was expirig hence It was been renewed by same emplyer A . This new i797 which I got in 2009 expired in 2012 .  I returned to india in Apr 2010.  After that I never traveled to USA.

 Now the same employer A wants to file visa under  cap exception H1B  case in 2014 .

Request all the experts here to let me know if this is feasible.

Thanks for going through my post.

 

Regards

Manoj

Yes, it is possible and on approval you will get 6 years - time spent on H1B in US.

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Dear Members,

Below is my case and if possible I would like to know the best possible approach I should be taking.
 
1) Is it possible to recapture unused time of my old expired H1B?
VISA period: 01-OCT-2006 to 29-SEP-2009
Stayed outside US:
OCT,2006 - Mar,2007 (First entry into US is Mar 2007 end) - 6 Months
Jan, 2008 (Mid) - Mar, 2008 (Mid) - 2 months
Jan, 2009 (Mid) - Feb, 2009 (Mid) - 1 months

I got visa Extension: 01-OCT-2009 to 28-SEP-2012(only I-797, no stamping) Left US in Dec, 2009 -- 33 months unused

As now I-797 also expired last year and I do not have VISA stamped, can I recapture the period (almost total 42 months) or do I have to request my old employer to file new H1B petition during this CAP season?
 
 
2) Can this be recaptured by a new employer(old H1B petition was filed by different employer)?

 
 
3)  what are the documents required to apply for recapturing old H1B unused time?
   
Note: I have my old approved petition copies,my passport with travel immigration stamps detail, I have couple of email of my itenaries and boarding passes. Will that be sufficient enough?



Regards
Senthil

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