can I recapture time on old H1B

[Pra3074]

Hi,

 

Please see below - 

 

1. H1B petition validity - Sept 2002 - Aug 2005

 

On this visa, I stayed in the US for 6 months in total on and off. Came back to India on Jan 1st, 2005 and never utilized it after this date.

 

Stayed out of US - 1 year 8 month from Jan 1st, 2005.

 

2. Traveled on L1-A - From Sept 2006 - Aug 2013.

 

Went to the US on Sept 28, 2006 and returned to India on Mar 31st, 2013. Utilized L1-A for 6.5 years. 

 

Could you please let me know the following - 

 

1. Can I use my under utilized H1-B now and will it be cap exempt as I had already did my cooling from Jan 2005 till Sept 2006. 

 

2. If yes then how much time will I be able recapture.

 

Appreciate your response.

 

Regards.

[jairichi]

Hi,

 

Please see below - 

 

1. H1B petition validity - Sept 2002 - Aug 2005

 

On this visa, I stayed in the US for 6 months in total on and off. Came back to India on Jan 1st, 2005 and never utilized it after this date.

 

Stayed out of US - 1 year 8 month from Jan 1st, 2005.

 

2. Traveled on L1-A - From Sept 2006 - Aug 2013.

 

Went to the US on Sept 28, 2006 and returned to India on Mar 31st, 2013. Utilized L1-A for 6.5 years. 

 

Could you please let me know the following - 

 

1. Can I use my under utilized H1-B now and will it be cap exempt as I had already did my cooling from Jan 2005 till Sept 2006. 

 

2. If yes then how much time will I be able recapture.

 

Appreciate your response.

 

Regards.

Since you reached the max amount of 7 years on L1A (6.5 years)  + H1B (0.5 years) there is nothing to recapture. Now, employer has to file either a cap subject H1B petition or a new L1A petition on April 1st 2014.