H1 Remainder option Eligibility

[rrkumars]

Dear Folks,

 

I had a H1 valid from Aug 2003 to Nov 2005.I had used that H1 for only 4.5 months(0ct 2003 to Feb 2004).

 

My quesiton is whether I can use my old H1 to reclaim the remaining 5.8 yrs thru remainder option.

 

I see most of the attorney's telling that in order to eligible for remainder option you should be counted in the H1 cap last 6 years.

 

Few told if you are previously counted in the H1 cap.You can use the H1 remainder option

 

I see lot of queries in Murthy regarding the above issue.

 

Please clarify Whether I can file a cap exempt H1 using my old H1 to reclaim the remaining 5.8 yrs.

[jairichi]

Contact the law firm of Murthy and they will guide you and your employer.

[manojk.maurya@gmail.com]

Hi Experts,

 

I have same qn. I sent a mail too to site contact. Please help me in understanding this.

Need you help in determining if my old H1B can be renewed.

I have my old H1B petition of June 2004 which I used till Mar 2006 after I got it converted to L1B in Apr 2006.
I stayed in USA:
from Nov 2004 till Mar 2006 on H1B
from Apr 2006 till Oct 2007 on L1B
from Oct 2008 till Apr 2009 on L1B
from Oct 2009 till May 2012 on L1A.

I am in India since May 2012

Now, when I check status of my H1B on USCIS site, it says it is expired as shown below:
-------------------------------------------
OMB control no. 1615-0080

Expiration date 6-30-2012
-------------------------------------------
I have original H1B petition with me. I want to know if this H1B petition can be reused/renewed. If yes, then with in CAP

or CAP exempt?

Thanks for your help. Looking forward to your answer.


Thanks
Manoj Kumar Maurya
 

[rrkumars]

Thanks Jairichi for your prompt reply.