New H1B validity captured from old H1B Visa

[kumar4tsm]

Hi All,

I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.I got my visa stamped in April 2021 till 2023 for Milwaukee. Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US? My New H1B 2020 still active ?
3. Is there a way I can opt in time duration on the current visa only?

Thanks
Nk

[rkk09]

Hi,
Since you got H1B under quota again they must not have considered old H1B remaining period. And I am really surprise they considered old H1B durations.. I really suggest you to verify the Amendment petition that you filed.. Please check LCA duration, Project duration...
Finally Please consult Immigration Attorney for this.
Thanks

[kumar4tsm]

Hi rkk09, Thank you for response.
My New H1B Visa picked up in Lottery 2020 is still valid ? It was stamped for 3 years for Milwaukee location.
I just checked internally. When my Employer filed new H1B visa in 2020, they filed in Cap instead of out of cap. Not sure if this is the issue and how it can be fixed and whether new H1B visa which was selected in Lottery in year 2020 still active ?

Reply from USCIS :- We had reach out to USCIS, explained and requested to reconsider the actual requested dates: 04/21/2021 to 09/28/2023. USCIS has confirmed that they have limited the validity period to March 24, 2022 which reflects the recapture dates as calculated by them. As discussed with you, even though we filed an In CAP in 2020 and USCIS had approved for 3 years as requested, they have limited the validity period when we filed an amendment petition based on the unused 323 days from your previous H1B.

Thanks
Nk