Reclam unused H1 duration


sherry76

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Hi,

 

I had a H1B visa from Employer A from March 2004 till April 2006. After it expired I went back to India and then the same employer did another H1 from Dec 2006 till May 2008.

 

If I add up my duration of stay in the US for both the H1B it would come just about 20 months. I am now with Employer B. Can I reclaim the unused period in my previous H1B or Will I have to apply for a fresh H1 for 6 years.

 

Thanks.

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Hi,

 

I had a H1B visa from Employer A from March 2004 till April 2006. After it expired I went back to India and then the same employer did another H1 from Dec 2006 till May 2008.

 

If I add up my duration of stay in the US for both the H1B it would come just about 20 months. I am now with Employer B. Can I reclaim the unused period in my previous H1B or Will I have to apply for a fresh H1 for 6 years.

 

Thanks.

You are cap exempt and an employer can file a cap exempt H1B petition and you are eligible for 52 months on H1B.

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