divinedew Posted February 19, 2014 Report Share Posted February 19, 2014 Hi, Request your help on the following scenario: - I was on H1B for 4 years with two extensions/visa stamped and moved back to India in June 2010 and stayed there for close to 2 years. The last approved H1B petition along with approved visa was from 10/2009 to 06/2010. - I am back on L1A for the past couple of years and wish to move to H1B. Questions: 1. Can I apply for a Cap exempt H1B through a new employer using my last expired H1B petition mentioned above. if I can, is the limit as to when I can apply based on my last petition approval date + 6 years i.e I have till 10/2015 or will that change as I was away for more than an year. 2. If I am eligible for a cap exempt H1B, how will the duration of approval (if approved) be considered i.e If I get an approval will it be the remainder of the period of my previous H1 quota (6 years - 4 years = approx 2 years) or since I was away for more than an year, will (if) I get the H1 B approval for ( 6 years - my L1 duration) or is there another way this is calculated if I satisfy all the necessary criteria's and if my H1B is approved. Appreciate your help. Thank you. Link to comment
jairichi Posted February 19, 2014 Report Share Posted February 19, 2014 Hi, Request your help on the following scenario: - I was on H1B for 4 years with two extensions/visa stamped and moved back to India in June 2010 and stayed there for close to 2 years. The last approved H1B petition along with approved visa was from 10/2009 to 06/2010. - I am back on L1A for the past couple of years and wish to move to H1B. Questions: 1. Can I apply for a Cap exempt H1B through a new employer using my last expired H1B petition mentioned above. if I can, is the limit as to when I can apply based on my last petition approval date + 6 years i.e I have till 10/2015 or will that change as I was away for more than an year. 2. If I am eligible for a cap exempt H1B, how will the duration of approval (if approved) be considered i.e If I get an approval will it be the remainder of the period of my previous H1 quota (6 years - 4 years = approx 2 years) or since I was away for more than an year, will (if) I get the H1 B approval for ( 6 years - my L1 duration) or is there another way this is calculated if I satisfy all the necessary criteria's and if my H1B is approved. Appreciate your help. Thank you. 1. Yes. 2. You will get the unused 2 years. Link to comment
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