H1B - Possibility of claiming the un-utilized years


PreethyChandran

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Hi Team !

 

I have a query regarding my H1B transfer and the possibility of claiming the remainder un-utilized years from my H1B visa which was expired 7 years ago.

 

I was in the US from May 2005 to August 2005 (4 months) on H1B.  My H1B visa was valid till September 2007, but I moved out of the country in August 2005. I returned to US on an L1A visa in December 2012, and has continued till present day (a little over 20 months) on L1A.

 

Can I claim the remainder unused H1B period and transfer my H1B to a new employer now?

 

Thanks and looking forward hearing from you!

 

Regards,

Preethy

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Hi Team !

 

I have a query regarding my H1B transfer and the possibility of claiming the remainder un-utilized years from my H1B visa which was expired 7 years ago.

 

I was in the US from May 2005 to August 2005 (4 months) on H1B.  My H1B visa was valid till September 2007, but I moved out of the country in August 2005. I returned to US on an L1A visa in December 2012, and has continued till present day (a little over 20 months) on L1A.

 

Can I claim the remainder unused H1B period and transfer my H1B to a new employer now?

 

Thanks and looking forward hearing from you!

 

Regards,

Preethy

Yes, you can. You will get 6 years - (time spent on H1B and L1A).

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The query that I have is much similar to the situation of Preethy though the dates are different -

 

My H1b visa was issued from Employer A (India)  Feb 2004 to Oct 2006 which I could utilise for the period of Mar 2004 to Nov 2004 only. After that I never travelled on H1B visa.Later I switched to Employer B (India) and travelled on L1B twice (still in US).I also hold a B1 visa on which I never travelled.However H1B visa was cancelled with Prejudice when the B1 visa was issued.

 

 

My queries are -

 

1) Can I use the cancelled H1B visa to switch to a New employer C (in USA) and use the un-utilized stay period of H1B visa with new employer? What is the quickest way of going about it?

2) Do I need to take help of Law firm to help or the new Employer can take care of the processing?

 

I appreaciate all the knowledge being shared in this forum.

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