H1 unused and expired

[CitizenInd]

Hi,

I had H1B visa from Jan 2009 to Sep 2011. It was applied in Oct 2008 and approved in Jan 2009. 6 years passed from the date of approval. I did not travel to US. I am currently at US on H4 visa. Am I eligible to apply for fresh H1 on cap Exemption?

If the US companies apply for fresh H1B for me, does that come under cap Exemption or follows regular cap only?

Please clarify. Thanks.

[shivanig]

Expired H1

Hi,

I had H1 B got approved in Feb 2006. I traveled to USA in AUG 2006 and returned on Dec 2007. It was expiring while i was in India and i filed H1 extension in 2010 and traveled again in May 2010 to July 2010. The new expiry date was Oct 2010.
Now H1 is expired as per Oct 2010 date and i did not renew but i did not utilize 6 years on H1B. My whole stay in US for 2 trips was 1 year 6 months. I want to apply for H1 again. Does it need to go through H1 Cap or H1 Out of cap is applicable?
Thanks in Advance

Shivani

[Rishi.M]

Unused. L1B

Hi,

I had a similar query and adding to this list.

I got my H1B on Oct 2007 which expired on Aug 2010. I was in US on HI visa for one year ( entry Sep 2008 exit Oct 2009.). After staying out of USA for more then a year , In Oct 2010 my company filed my L1B visa.

I came to US for a different assignment on Jan 2011 in L1B visa and since then have been working in US in L1 status. In Feb 2015 , My L1B was converted to L1A.

My question is,

1. As I have only use 1 year my H1B and as I was our of USA for a full year before entering in a different visa ( L1) , Can I use the remaining 5 years of H1B ?

2. Do I need to be out of country again for a year before I can use the H1B.

3. Will my case be consider in CAB exemption ?

Thanks in Advance.

Rishi.