unexpired H-1

[return_of_dragon]

Hi all,

I was on H-1 from Feb 2007 till Jul 2009. My H-1 was approved against the 2007 H-1 CAP. Now I want to return to USA. Can I make use of my unused H1 but expird H-1. I still have and half years from my previous H-1. Will I be CAP exempt?

Thanks,
return-of-dragon

[Nattybone]

Hi all,

I was on H-1 from Feb 2007 till Jul 2009. My H-1 was approved against the 2007 H-1 CAP. Now I want to return to USA. Can I make use of my unused H1 but expird H-1. I still have and half years from my previous H-1. Will I be CAP exempt?

Thanks,
return-of-dragon

Hello, Return.

From what i have heard is that one has to have had valid H1 status for some time in the last 6 years to recapture an unused H1B. So, going by that, you can have your petition revived. Also, you WILL be cap exempt.

Wishing you luck.

Cheers,

[return_of_dragon]

Hello, Return.

From what i have heard is that one has to have had valid H1 status for some time in the last 6 years to recapture an unused H1B. So, going by that, you can have your petition revived. Also, you WILL be cap exempt.

Wishing you luck.

Cheers,

Thanks Nattybone,

Your information is indeed very helpful. Does my old employer need to cancel my old petition? I was on H-1 status till Jul 2009. According to your information, will I be eligible to reclaim my unused H-1 till 2015?
Thanks,
Return of dragon

[Nattybone]

Thanks Nattybone,

Your information is indeed very helpful. Does my old employer need to cancel my old petition? I was on H-1 status till Jul 2009. According to your information, will I be eligible to reclaim my unused H-1 till 2015?
Thanks,
Return of dragon

Hello, Return_of_Dragon.

Your old employer would have revoked your petition by now. They do not keep H1Bs active like that, anymore.

From what i understand, Yes, you should be able to revive your H1B upto 6 years from the date of your last active H1B status. Still, do engage an attorney for an hour long session, you will have a lot more clarity.

Hope this helps.

Wishing you luck.

Cheers,