H1B - Expired - Cap Exemption Query

[jayakuh]

Hi.. My initial H1 B Petition was approved from Oct 2007 to 31 May 2010 and then i applied for a Extension and was approved until 31 Jul 2012

I was in US only from Mar 2008 to Dec 2010. I did not stay for 5 years for which the VISA was issued. Will be i eligible for H1 B Exempt? If yes. Will they give me 3 years or 1 year? Can you please help me on the same

Also i am not with my current employer with whom my petition was approved.

Please assist.. Thanks

[Nattybone]

Hi.. My initial H1 B Petition was approved from Oct 2007 to 31 May 2010 and then i applied for a Extension and was approved until 31 Jul 2012

I was in US only from Mar 2008 to Dec 2010. I did not stay for 5 years for which the VISA was issued. Will be i eligible for H1 B Exempt? If yes. Will they give me 3 years or 1 year? Can you please help me on the same

Also i am not with my current employer with whom my petition was approved.

Please assist.. Thanks

Hello, Jayakuh.

To revive an existing H1B, one is required to have maintained H1B status in the last 6 years. As you were on H1B till Dec 2010, you should be exempt from the H1B draw. Also, you will be able to use whatever leftover period from the old H1B, which is 3 years and some months in your case (At a given time, the maximum period granted on H1B is 3 years).

Your new employer can file for H1B petition using the old number.

I hope this helps. Wishing you luck.

Cheers,

[jayakuh]

Hello, Jayakuh.

To revive an existing H1B, one is required to have maintained H1B status in the last 6 years. As you were on H1B till Dec 2010, you should be exempt from the H1B draw. Also, you will be able to use whatever leftover period from the old H1B, which is 3 years and some months in your case (At a given time, the maximum period granted on H1B is 3 years).

Your new employer can file for H1B petition using the old number.

I hope this helps. Wishing you luck.

Cheers,

Thank you so much I really appreciate your response.. Hope everything goes well.. Thanks once again