Devraj953 Posted May 6, 2015 Report Posted May 6, 2015 Hi, Here is my condition. October 2006 - Got my H1B first time with Employer X In the middle got my H1B Transfered to Y Company Again got it Transfered to Z company worked with them until 2011 Jan 2011 Jan - Left US for India due to family obligation Questions: A) My Visa/I797 with last company stated that my H1B was valid until Oct 2012. Since I used it until Jan of 2011 which means I had 1 year 10 months unused can I still use it? B) If yes, can I only use with if I continue with my last current employer or I can have it transfered to a new one? Thank you in advance and Regards.
jairichi Posted May 6, 2015 Report Posted May 6, 2015 A) You are eligible to recapture 6 years - time spent in US on H1B status. B) Any employer can file a cap exempt H1B petition to get the remaining years/months.
pontevecchio Posted May 6, 2015 Report Posted May 6, 2015 Yes, and with any potential H1 sponsor. They will need to file and get a non cap H1 petition approved and then you get a visa and go over.
Devraj953 Posted May 7, 2015 Author Report Posted May 7, 2015 First of all thank you very much for the prompt response. Just to be double sure. What you are saying is that if I didn't use all 6 years of H-1B and went out of the country in 2011 with initial H-1B visa issue in 2006. I am still cap exempt and can use the unused time (from the 6 Years) provided I get a sponsor of course. Thank you again in advance.
jairichi Posted May 7, 2015 Report Posted May 7, 2015 First of all thank you very much for the prompt response. Just to be double sure. What you are saying is that if I didn't use all 6 years of H-1B and went out of the country in 2011 with initial H-1B visa issue in 2006. I am still cap exempt and can use the unused time (from the 6 Years) provided I get a sponsor of course. Thank you again in advance. Yes, that is correct.
Devraj953 Posted May 12, 2015 Author Report Posted May 12, 2015 Thank you. I have few queries related to the above: a) Someone told me that there may be issues when I go for H-1B stamping it that true? b) You think if I rejoin my last to last company Y will that improve my chances of getting stamped. c) Any suggestions for improving my chances for stamping. Appreciate your assistance.
jairichi Posted May 12, 2015 Report Posted May 12, 2015 Thank you. I have few queries related to the above: a) Someone told me that there may be issues when I go for H-1B stamping it that true? b) You think if I rejoin my last to last company Y will that improve my chances of getting stamped. c) Any suggestions for improving my chances for stamping. Appreciate your assistance. What issue with regard to stamping?
NJ87 Posted May 14, 2015 Report Posted May 14, 2015 First of all thank you very much for the prompt response. Just to be double sure. What you are saying is that if I didn't use all 6 years of H-1B and went out of the country in 2011 with initial H-1B visa issue in 2006. I am still cap exempt and can use the unused time (from the 6 Years) provided I get a sponsor of course. Thank you again in advance. Hi Raj224, I am in a similar situation. Did you get this confirmed with an immigration attorney as well? Thanks in advance! NJ
ron1978 Posted May 22, 2015 Report Posted May 22, 2015 Hi I have 2007 approved petition it did not go for H1 stamping.Can it be used now
jay.das12 Posted July 3, 2016 Report Posted July 3, 2016 Hi Raj224 and nj87 , Did this thing work out for you guys ? I am also in a similar situation.
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