Expired H1B Visa

[krish0824]

Hi Experts,
I am new to this forum. Just registered today.

I was on H1b visa in US and returned back from USA back to India in 2001 mid. (Its expiry was in 2003)

Later after that I had been to Europe where in a company sponsored B1 Visa to USA.

I have got an employer in US, who wants me to get to USA on B1 and later he wants to apply for h1b. He said that its easier to apply from US rather than me sitting over here in India. Unfortunately, he mentioned that its not possible as H1b quota is full now and it only opens up in 2012 april .

I have seen a posting online where it says that a person who already had H1b earlier does not fall int the Cap Quota and he can apply for new h1b even though the quota is full

Please confirm if thats right. It would be very helpful

[anna1234]

The general rule is if you have received H-1B within the last 6 years, then you can claim that you are not subject to the H-1B quota if you have not completed 6 years in US. In your case your H1 was approved long back so you cant claim the same.

[krish0824]

Please check this

Hi Anna,
Thanks a million for the reply.
But according to this post the possibility is yes. . I am bit confused looking at below post replies. The guy was out of US since 8 years and not used 6 years of h1b tenure and still the answer says he is eligible.

Please confirm

http://www.immihelp.com/forum/showthread.php?t=94701#post253849

Thanks in advance

[kabkaba]

It really depends on how much time has been used from the previous H1 tenure. A good lawyer should be able to handle this easily. The new employer must however have the receipt number for the previous petition.

[krish0824]

Information found

Hi Kad****,
Thanks again.

I am really not able to understand this figure every where as "6 YR TERM"

1) Is it that lets say in my case I have not utilized my expired h1b at all (valid from 2001 to 2003) and I can transfer using old petition number ? Well I have still that I-797 issued document with me.

OR

2) Is it that it expired in 2003 and already 6 years passed so I am not eligible.

I feel 1st point is what they are referring to as 6 Year term. Am I right?