h1 terminated in 2010; can it be renewed now without going through cap

[kallu2]

I am on h1b visa. My wife had h1b from oct 2008 to apr 2009. Rest of the time she was in h4 or in India.

I understand that h1b time from previous petition can be recaptured. If she does a change of status to h1b, how much time will she get? Is it too late to use the old h1b from 2008/2009?

Her detailed trip durations:

H4: jan 2007 - nov 2007 (11 months)
L1: Dec 2007 - Sep 2008 (10 months)
H1B: Oct 2008 - Apr 2009 (7 months)
H4: 3 months in 2010
H4: Jan 2014 - present (2 months)
Rest of the time she was in India.

[raghvi]

I am on h1b visa. My wife had h1b from oct 2008 to apr 2009. Rest of the time she was in h4 or in India.

I understand that h1b time from previous petition can be recaptured. If she does a change of status to h1b, how much time will she get? Is it too late to use the old h1b from 2008/2009?

Her detailed trip durations:

H4: jan 2007 - nov 2007 (11 months)
L1: Dec 2007 - Sep 2008 (10 months)
H1B: Oct 2008 - Apr 2009 (7 months)
H4: 3 months in 2010
H4: Jan 2014 - present (2 months)
Rest of the time she was in India.

As she was in H1 status in last 6 Years it would be possible to file for the remainder time to recapture the remaining time. As for the time she may get, she should get 3 Years if the employer can show work for her.

This is my opinion not legal advice.

[kallu2]

As she was in H1 status in last 6 Years it would be possible to file for the remainder time to recapture the remaining time. As for the time she may get, she should get 3 Years if the employer can show work for her.

This is my opinion not legal advice.

Thanks raghvi.

Would she be eligible for

6 years minus the time she was on which was 7 months = 5 years 5 months.

or only 3 years

like you said?

[raghvi]

I believe it would be 6 Years Minus 17 Months as her L1 time would be clubbed too since there was not a 1 Year gap between her L1 and H1 status. But I wouldnt advise you to wait on and determine whether its going to be 5.5 Years or 4.5 Years, typically visas are given only for 3 Years with extension possibility if time remaining OR GC filed. 3 Years time fram should be enough to start the GC processing.

This is my opinion not legal advice.

[kallu2]

I believe it would be 6 Years Minus 17 Months as her L1 time would be clubbed too since there was not a 1 Year gap between her L1 and H1 status. But I wouldnt advise you to wait on and determine whether its going to be 5.5 Years or 4.5 Years, typically visas are given only for 3 Years with extension possibility if time remaining OR GC filed. 3 Years time fram should be enough to start the GC processing.

This is my opinion not legal advice.

Thanks again Raghvi.

Thats great to know that she doesnt have to go thru quota again.

BTW, her was h1b was from oct 2008 to apr 2009. Would that be an issue as it was about 4-5 years old.

[raghvi]

As long as its less than 6 Years old I dont see any issues.

This is my opinion not legal advice.

[kallu2]

As long as its less than 6 Years old I dont see any issues.

This is my opinion not legal advice.

6 years from oct 2008 OR Apr 2009 - the date of termination of her h1b? She moved to India in Apr 2009 after quitting her job in the US.

[raghvi]

6 Years of last held H1 status. So if she quit in April 2009, till April 2015.

This is my opinion not legal advice.

[kallu2]

Thanks Raghvi.