Re-Claiming Unused H1B - Petition Expired

[Mathews0667]

Hi , 

I have stayed in USA for the total of 6 years which includes both L1 & H1 for  the same employer . I Stayed in L1 for 4.8 years and converted to H1 in Oct 2013
( subjected to CAP )

 

I have stayed in H1 for the Period of 389 days to be exact

 

(1 Oct 2013 till 25 Dec 2013 and 22 Apr 2014 till 20 Feb 2015 ) .

 

I returned back to india on Feb 20th 2015 . The Coming Feb 20th 2016 My one year Cooling period is done .

 

The Question i have is the following ...

 

1. Can i reclaim the rest of the Unused H1 Petition Period under Cap Exempt  even though Petition is Expired ?! 

 

2. Can the Same Employer use the Same Petition and Reclaim the Unused 4.8 years ~ H1 Period under Cap - Exempt ? 

 

3. Can another Employer who is willing to Hire me do the same as the above question(2)?!

 

4. if Not what's the best case scenario should a apply H1 New Visa under 2016 Quota ?! 

 

 

Please Clarify my concerns thank you so much for the time 

 

Cheers 

Mat 

 

 

 

 

 

 

[jairichi]

There is no unclaimed years for you as you have completed 6 years on H1B and L1. Employer has to file a cap subject H1B petition.

[Mathews0667]

@Jai

 

I read this in USCIS 

 

As per USCIS Micael Aytes Memo dated December 5, 2006

 

There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the "remainder" of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either 

(1) to be re-admitted for the "remainder" of the initial six-year admission period without being subject to the H-1B cap if previously counted or 

(2) seek to be admitted as a "new" H-1B alien subject to the H-1B cap.

[jairichi]

@Jai

 

I read this in USCIS 

 

As per USCIS Micael Aytes Memo dated December 5, 2006

 

There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the "remainder" of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either 

(1) to be re-admitted for the "remainder" of the initial six-year admission period without being subject to the H-1B cap if previously counted or 

(2) seek to be admitted as a "new" H-1B alien subject to the H-1B cap.

That is for people who have not used the maximum allowed stay of 6 years on H1B. And, you need to understand that 6 years of stay allowed in H1B includes stay in L1 also.