H1B expired in 2011 can I use the remaining now?

[endhiran]

Hi Friends,

I was in US from Feb 2006 till Nov 2010 with Visa validity till May 2011. But considering 6 years I have had 1 year 3 months to be used and my question is if I can reuse the left over or should I be filing a new petition. Here is summary of my stay in US and around it

Feb 2006 entered US (Never visited India before I left and did not apply for GC)
Nov 2010 left US to Canada

Now I am looking at moving back to US with the remaining of 1yr 3months is this possible? considering that my exit was in Nov 2010?

Regards

[raghvi]

Hi Friends,

I was in US from Feb 2006 till Nov 2010 with Visa validity till May 2011. But considering 6 years I have had 1 year 3 months to be used and my question is if I can reuse the left over or should I be filing a new petition. Here is summary of my stay in US and around it

Feb 2006 entered US (Never visited India before I left and did not apply for GC)
Nov 2010 left US to Canada

Now I am looking at moving back to US with the remaining of 1yr 3months is this possible? considering that my exit was in Nov 2010?

Regards

Yes it can be possible to recapture those 1 Year 3 Months under H1B remainder option.

This is my opinion not legal advice.

[endhiran]

Yes it can be possible to recapture those 1 Year 3 Months under H1B remainder option.

This is my opinion not legal advice.

Thank you Raghvi. Another question is that would it be possible for me to file a fresh petition as well? I believe if I file a fresh petition, it would take a longer time than recapturing the remaining time from the earlier petition. Please advice.

[raghvi]

Thank you Raghvi. Another question is that would it be possible for me to file a fresh petition as well? I believe if I file a fresh petition, it would take a longer time than recapturing the remaining time from the earlier petition. Please advice.

Fresh H1 can be filed only in April 2014, and if approved you can work on that H1 only after 01-Oct-2014. You would have to make a choice to either use old H1 Cap and enter as soon as it approved but only for 1 year 3 Months. OR file fresh H1 wait till Oct 2014 for a fresh 6 Year H1.

This is my opinion not legal advice.

[endhiran]

Raghvi,

Thanks once again and you answered what I was looking for.