Unused H-1B

[nshah83]

Hi,

 

I am getting conflicting views on Unused H1B.

 

In the year 2008, I got my H-1B approved. Here are the details:

Receipt Date: 14-Apr-08
Notice Date: 17-Apr-08
Approval Notice: 01-Oct-08 To 15-Sep-11.

 

I left US on 27-Jun-09.

 

Now, I want to use unused time which is approximately ~5years.

 

1) Is it possible to claim unused time (~5 years) even though I was out of the country for more than 1 year?

 

2) Research online says that unused time has to be claimed within 6 years. Is that starting Oct 1, 2008 or 17-Apr - 08.

 

Thanks

 

 

[jairichi]

Hi,

 

I am getting conflicting views on Unused H1B.

 

In the year 2008, I got my H-1B approved. Here are the details:

Receipt Date: 14-Apr-08

Notice Date: 17-Apr-08

Approval Notice: 01-Oct-08 To 15-Sep-11.

 

I left US on 27-Jun-09.

 

Now, I want to use unused time which is approximately ~5years.

 

1) Is it possible to claim unused time (~5 years) even though I was out of the country for more than 1 year?

 

2) Research online says that unused time has to be claimed within 6 years. Is that starting Oct 1, 2008 or 17-Apr - 08.

 

Thanks

1. Yes. An employer can file a cap exempt H1B petition and you get remaining years on H1B.

[nimrat]

I have a similar question . I was in the US between 2007-2010 on a cap exempt H1b . I returned to India in June 2010 andhave been here since. Now I have a job offer which requires me to start on July 1st . 

 

Can I use the remainder of my H1 B even though I've been out of the country for 4 years ?

Would an immediate [July 1st date ] be possible for me to start work ? 

I currently hold a valid B 1 visa . Would it make more sense to file for the H1b from the US or India ? 

 

Time is the urgency . Any responses will be appreciated 

[jairichi]

I have a similar question . I was in the US between 2007-2010 on a cap exempt H1b . I returned to India in June 2010 andhave been here since. Now I have a job offer which requires me to start on July 1st . 

 

Can I use the remainder of my H1 B even though I've been out of the country for 4 years ?

Would an immediate [July 1st date ] be possible for me to start work ? 

I currently hold a valid B 1 visa . Would it make more sense to file for the H1b from the US or India ? 

 

Time is the urgency . Any responses will be appreciated 

Your employer can file a cap exempt H1B petition anytime and you can start working immediately after approval. Since you are planning to enter US on a H1B visa your employer can file this petition while you are in India. Apply for a H1B visa at US consulate after petition approval.

[t75]

B1 requires you be working for Indian company. 

[nshah83]

Hi,

 

Thanks for the response. Research online says that "Remainder" time has to be claimed within 6 years - Is that true? If so, In my case is it starting Oct 1, 2008 or 17-Apr - 08.?

 

Here are few details:

In the year 2008, I got my H-1B approved.

Receipt Date: 14-Apr-08
Notice Date: 17-Apr-08
Approval Notice: 01-Oct-08 To 15-Sep-11.

I left US on 27-Jun-09.

 

Please guide.

[kombathula]

I also have a similar situation. Kindly help me with an answer.

1) My H1B details are below:(Filed by Employer A)

Receipt Date : April 13, 2007

Notice Date: April 20, 2007

Validity: From Oct/01/2007 to Sep/15/2010

2) The visa is stamped & approved in Delhi on Oct/29/2007.

3) Travelled to USA on Dec/17/2007 and worked until Aug/14/2008 and then returned to INDIA. Meaning used the visa for approximately 9 months. I am currently in INDIA now.

4) My "Employer B" wants to transfer the old H1 B visa as my application is not selected in 2014 lottery through "Employer B".

Kindly let me know if my Employer B can transfer my old H1 petition?