h1 terminated in 2010; can it be renewed now without going thru cap

[kallumama]

I am on h1b visa. My wife has been on following visas:

H4: jan 2007 - nov 2007 (11 months)
L1: Dec 2007 - Sep 2008 (10 months)
H1B: Oct 2008 - Apr 2009 (7 months)
H4: 3 months in 2010
H4: Jan 2014 - present (2 months)
Rest of the time she was in India.

I understand that h1b time from previous petition can be recaptured. If she does a change of status to h1b, how much time will she get? Is it too late to use the old h1b from 2008?

[jairichi]

I am on h1b visa. My wife has been on following visas:

H4: jan 2007 - nov 2007 (11 months)

L1: Dec 2007 - Sep 2008 (10 months)

H1B: Oct 2008 - Apr 2009 (7 months)

H4: 3 months in 2010

H4: Jan 2014 - present (2 months)

Rest of the time she was in India.

I understand that h1b time from previous petition can be recaptured. If she does a change of status to h1b, how much time will she get? Is it too late to use the old h1b from 2008?

If an employer files a cap exempt H1B petition she would get 43 months.

[kallumama]

If an employer files a cap exempt H1B petition she would get 43 months.

jairichi, could you explain how you reached the figure of 43?

[jairichi]

jairichi, could you explain how you reached the figure of 43?

Sorry 55 months.

Max allowed stay on H1B is 6 years which includes stay on L1 and H1B status. You spouse stayed for 10 months on L1 and 7 months on H1B. 

[kallumama]

Sorry 55 months.

Max allowed stay on H1B is 6 years which includes stay on L1 and H1B status. You spouse stayed for 10 months on L1 and 7 months on H1B. 

Thank you, jairichi.

 

Would the fact that the h1b is old i.e. from 2008 and terminated in april 2009 cause any issues? Is there a time limit?

[jairichi]

Thank you, jairichi.

 

Would the fact that the h1b is old i.e. from 2008 and terminated in april 2009 cause any issues? Is there a time limit?

No issue as there is no time limit involved.