H1 Reinstatement

[sactown]

Hi, 

 

I worked on my H1B from Oct 2006 till May 2010. After that I moved out of US and didn't return due to family reasons and resigned my job in July 2010 (I was on payroll till July 2010). My last H1 B was valid till September 2010. 

I came back to US on F1 in 2014 and now I want to use the left over period on my H1B. My question is how much time do I have to apply for a new petition before the 6 year validity period expires. Is it May 2016 since I left in May 2010 or September 2016 since my last H1 was valid till September 2010. 

 

a) Is 11th May 2016 the last date to file for my H1 reinstatement, because i left US last time on 11th May 2010, when on H1, and by 11th May 2016 it will be 6yrs in full.

 

b) Is 30th Sep 2016 the last date to file for my H1 reinstatement, since my last H1 was valid till September 2010. 

 

I have used 3 yrs and 3 months of my approved H1.

 

Thank you

 

More info on the dates and duration of my stay in US:

 

F1 - 2004 AUG -2005 DEC- MS 

OPT-2006 Jan - 2006 October 

 

H1 - Mid October 2006 

 

Travel: 

One month Dec 2006 - Jan 2007 

One Month Dec 2008-Jan 2009 

2.5 Months Aug 2009-Oct 2009 

 

Left for good: 

May 11 2010 

Job Resignation : July 2010 

Came back 

Aug 2014 - F1-MBA 

Currently F1 status

 

[pontevecchio]

The 6 years of validity has no time limit. It could be 10 years to avail of the 6b years in total.

[adshah84]

Your time counts towards your H1b is Oct 2006 to May 2010 minus when ever you were out of country during this duration. 

[Mahendran999]

Hi, I had a H1 Visa Issued on 20/Nov/2006, worked in USA from Jan 2007 to October 2009, Visa Expiry date was 30/Sep/2009, I have applied for extension on 2009 but did not get the extension and came back to India in October 2009. Haven't used my Extended visa period since i did not get the extension, by now can I renew the same H1 Visa.

[pontevecchio]

Please add up all periods in H1 status in the USA. Every month you were working for the H1 sponsor in H1 status and getting paid. Then from 6 years subtract this number. That is the period remaining to you.