Using leftover H-1B

[saurion4000]

I came to the US in 2004 on F1 visa (engineering masters), Moved to H1 starting Oct 2007 - August 2012. I went back to F1 in August 2012 (MBA). So I have no OPT + 14 months left on the H1. I graduate in May 2014.

I have been in the US throughout this time except for short (<1 month) vacations in India.

If an employer files for my H1, can I utilize the 14 months leftover from before? WIll the H-1B cap apply to me? If they also file for a greencard simultaneously, can I get extensions beyond the 14 months?

[jairichi]

I came to the US in 2004 on F1 visa (engineering masters), Moved to H1 starting Oct 2007 - August 2012. I went back to F1 in August 2012 (MBA). So I have no OPT + 14 months left on the H1. I graduate in May 2014.

I have been in the US throughout this time except for short (<1 month) vacations in India.

If an employer files for my H1, can I utilize the 14 months leftover from before? WIll the H-1B cap apply to me? If they also file for a greencard simultaneously, can I get extensions beyond the 14 months?

Yes, you are cap exempt. There is a long way to go to get extensions based on GC process.

[rahul412]

If an employer files for my H1, can I utilize the 14 months leftover from before? WIll the H-1B cap apply to me? If they also file for a greencard simultaneously, can I get extensions beyond the 14 months?

Yes you can and that will be cap exempt.

For beyond 6 yrs, you should either have approved I140 or PERM pending for more than 1 yr.