If an H1B visa is not fully used, can the H1B be revived more than 6 years later?

[Nattybone]

Hello,

I was issued an H1B visa in July 2008. I worked in the USA from October 2008 to June 2009 (9 months). In June 2009, i returned to my home country.

This H1B is not fully used, till what time can i file for reviving/recapture of this H1B? (I understand that i am not subject to H1B cap as i was accounted for the same in 2008).

If i file for recapture in January 2015, will it work? Or, i have only till 6 years, i.e., August 2014 to file for a revival? Can someone please share their insights?

Thank you in advance.

Cheers,

[raghvi]

Hello,

I was issued an H1B visa in July 2008. I worked in the USA from October 2008 to June 2009 (9 months). In June 2009, i returned to my home country.

This H1B is not fully used, till what time can i file for reviving/recapture of this H1B? (I understand that i am not subject to H1B cap as i was accounted for the same in 2008).

If i file for recapture in January 2015, will it work? Or, i have only till 6 years, i.e., August 2014 to file for a revival? Can someone please share their insights?

Thank you in advance.

Cheers,

There is ambiguity around whether USCIS takes visa expiry/petition expiry into account. I would not recmmend waiting till 2015 to utilize it. I would recommend doing it within 6 Years of first entry to be on the safe side. Of course, all this may change with the immigration bill, if passed.

This is my opinion not legal advice.

[Nattybone]

Thank you, Dear.

This is a big help.

Cheers,

There is ambiguity around whether USCIS takes visa expiry/petition expiry into account. I would not recmmend waiting till 2015 to utilize it. I would recommend doing it within 6 Years of first entry to be on the safe side. Of course, all this may change with the immigration bill, if passed.

This is my opinion not legal advice.

[Nattybone]

Hello, Raghvi.

I found this old thread on H1B recapture duration. I am not sure if it helps a lot but someoyne mentioned that H1B could be revived beyond the 6 year period too. This is just fyi, please.

http://www.immihelp.com/forum/archive/index.php/t-103162.html

Thank you for all your kind and wonderful support. God Bless You!

Cheers,

There is ambiguity around whether USCIS takes visa expiry/petition expiry into account. I would not recmmend waiting till 2015 to utilize it. I would recommend doing it within 6 Years of first entry to be on the safe side. Of course, all this may change with the immigration bill, if passed.

This is my opinion not legal advice.