Unused H1B and fresh H1B


gnaray2

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Dear Experts,

 

I was on H1B in US between October 2007 and April 2012.  I moved back to India in April 2012 and been working in India since then.  My H1B stamping was valid till December 2013.   Basically I did not use my full H1B period.

I have few questions:

1. Now if I get a job offer in USA, can I use my balance H1B  above (cap exempt) and start working ?  I researched the forum and found that I can do that, but just want to double confirm.

 

2. Say if I use the unused balance and enter USA on say July 1st 2015, can I still file a fresh H1B during April 2016 (I was outside USA since April 2012) ?  If not what are the options to extend my H1 B after the balance gets used.

 

3. I completed my Master's in 2006 with a reputed US university.  If I get a fresh H1B filed, will I be eligible under the 20,000 Masters quota ?

Kindly clarify.

Thanks,
Ramesh

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Hi Jairichi,

 

Thanks for the reply.  Sorry did not get the first answer:

 

For 1) please let me know how I am eligible for 6 years if I am entering USA through unused H1 B.  Did you mean the employer can file a fresh 6-years cap subject H1B in April 2015.  In this case I have to wait till October 2015 to start working, right ?

 

For 2) if I enter USA in say July 2015 using the balance unused H1 B (which would be valid till approximately June 2016), can an employer file a fresh 6-year cap subject H1 B in April 2016 (I have been outside USA since 2012).  

 

And one more question:

 

3) if I enter USA in say July 2015 using L1 visa, can an employer file a fresh 6-year cap subject H1 B in April 2016 (I have been outside USA 2012).  

 

 

Thanks a lot,

Ramesh

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Hi Jairichi,

 

Thanks for the reply.  Sorry did not get the first answer:

 

For 1) please let me know how I am eligible for 6 years if I am entering USA through unused H1 B.  Did you mean the employer can file a fresh 6-years cap subject H1B in April 2015.  In this case I have to wait till October 2015 to start working, right ?

 

For 2) if I enter USA in say July 2015 using the balance unused H1 B (which would be valid till approximately June 2016), can an employer file a fresh 6-year cap subject H1 B in April 2016 (I have been outside USA since 2012).  

 

And one more question:

 

3) if I enter USA in say July 2015 using L1 visa, can an employer file a fresh 6-year cap subject H1 B in April 2016 (I have been outside USA 2012).  

 

 

Thanks a lot,

Ramesh

 

1. If a cap exempt H1B petition is filed you are eligible for remaining time of the max allowed stay of 6 years on H1B. Since you stayed from Oct 2007 to April 2012 on H1B those months have to be subtracted from 6 years.

2. If you enter US in July 2015 after approval of cap exempt H1B petition and leave by June 2016 then a cap subject H1B petition can be filed only after you stayed outside US for one year. In that case it will be July 2016 which practically will be April 2017 if cap is closed by July 2016.

3. Yes.

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