H1B remainder Option

[H1BQuery1]

Hi,

 

I worked in the US from 1999 to 2001 (2 years), and left to India and returned back. Can I claim the "remainder" time on H1B (4 years) under Cap-exemption ? will I be eligible for Cap-exemption, as I H1B petition expired in June 2003.

 

Can you please advise on this, as I have a potential employer willing to Sponsor my H1B petition, if I am eligible for cap-exemption.

 

Please help here.

 

Thanks,

A Murthy Forum reader.

 

[jairichi]

Yes, you are cap exempt & eligible for remaining years.

[GNH]

It will not be easy to convince the USCIS to let u use the remaining H1b time as more than six years has passed after the initial one was issued . There is a murthy forum article about it , I can't find the link now . Expect an RFE on your H1B application .

[H1BQuery1]

Thanks for the reply. But in some posts, i read that H1B "remainder" option, can be claimed only within 6 years of the expiry of old H1B Petition. In my case, it's been 13 years. Am I still eligible for Cap-exemption ?  Please clarify, as this very Important for my future career.

 

Thanks & Regards,

H1BQuery1

 

[jairichi]

Thanks for the reply. But in some posts, i read that H1B "remainder" option, can be claimed only within 6 years of the expiry of old H1B Petition. In my case, it's been 13 years. Am I still eligible for Cap-exemption ?  Please clarify, as this very Important for my future career.

 

Thanks & Regards,

H1BQuery1

 

Yes, you are cap exempt till you reach the maximum allowed stay of 6 years on H1B.