Claiming unused expired H1B

[kathy.katari]

Hi

I studied MS in US. I have provided below the tenure and the respective visas that I held when in US

Aug 2004 till Dec 2006 --> F-1
Jan 2007 till Sep 2007 --> OPT
Oct 2007 till Sep 2010 --> H1-B with one company
Oct 2010 till Aug 2013 --> Unused H1-B with other company

I am working in India since Jan 2011 in a MNC company. Now I am looking to claim my unused expired H1B visa. I checked with US attorney. He said it is possible, if any company is willing to sponsor. Between my wife's H1B visa is filed through her company. If she get H1B visa, she will be working in US from Oct, 2014. I am willing to travel there as H4 dependent. Once after going back to US, if any company is willing to sponsor for claiming my unused expired H1B, is it possible to do that at anytime, instead of waiting upto next slot? It is possible now. But is it possible, once if I am in H4 status? In that case do I need to travel back to India before applying for this H1B? Also in between, I stayed for one year in India, so is it possible to extend my H1B after 6 years tenure

Thanks,
Vino

[raghvi]

Hi

I studied MS in US. I have provided below the tenure and the respective visas that I held when in US

Aug 2004 till Dec 2006 --> F-1
Jan 2007 till Sep 2007 --> OPT
Oct 2007 till Sep 2010 --> H1-B with one company
Oct 2010 till Aug 2013 --> Unused H1-B with other company

I am working in India since Jan 2011 in a MNC company. Now I am looking to claim my unused expired H1B visa. I checked with US attorney. He said it is possible, if any company is willing to sponsor. Between my wife's H1B visa is filed through her company. If she get H1B visa, she will be working in US from Oct, 2014. I am willing to travel there as H4 dependent. Once after going back to US, if any company is willing to sponsor for claiming my unused expired H1B, is it possible to do that at anytime, instead of waiting upto next slot? It is possible now. But is it possible, once if I am in H4 status? In that case do I need to travel back to India before applying for this H1B? Also in between, I stayed for one year in India, so is it possible to extend my H1B after 6 years tenure

Thanks,
Vino

What you are planning is doable except am doubtful of the 6 Years reset with respect to 1 Year outside Stay. In my opinion you would be eligible for only 3 Years. One is eligible for fresh 6 Years H1 if one files under fresh H1 cap after spending 1 Year outside US. In your case it seems the second H1 was not filed after spending 1 Year outside US stay.

I may be wrong in my interpretation. Do check with an experienced attorney.

This is my opinion not legal advice.