Question regarding H1B remainder time


venkatarg

Recommended Posts

H1b filed in apr 2008,granted from oct 1,2008 to sep 30,2011.Left USA in apr 27,2011.Same company wants to apply for H1B in nov 2014 for remainder time ( 6 years - 2 year 7 months)= (3 years 5 months).Will i be cap exempt? Does my company have time till december 31,2014 to apply for cap exempt h1b ? USCIS website has the following: Alien spent five years in the US in H1B (from Jan 1, 1999 - Dec 31, 2004), remained outside US for all of 2005, could be admitted in Jan 2006 for“remainder” of initial six year  period,i.e., a total of one year.

Link to comment
Thanks jairichi. Will I be cap exempt if h1b is applied in december 2014?Based on dates mentioned in my first post, Since i was granted H1B on october 1, 2008, do i need to apply for h1b revival before sep 30, 2014 or since my last date on H1b in usa was on april 27,2011, do i have time till april 26, 2017 to apply for my remaining period of h1b (6 years- my stay in us) of 3 years 5 months? Currently applying before sep 30,2014 doesnt look possible beause of my current employer.

Link to comment

 

Thanks jairichi. Will I be cap exempt if h1b is applied in december 2014?Based on dates mentioned in my first post, Since i was granted H1B on october 1, 2008, do i need to apply for h1b revival before sep 30, 2014 or since my last date on H1b in usa was on april 27,2011, do i have time till april 26, 2017 to apply for my remaining period of h1b (6 years- my stay in us) of 3 years 5 months? Currently applying before sep 30,2014 doesnt look possible beause of my current employer.

 

A cap exempt H1B petition can be filed anytime. Talk to an attorney from Murthy law firm as they have handled cases similar to yours.

Link to comment

Archived

This topic is now archived and is closed to further replies.