H1B validity clarification

[hash143]

Hi,

I had an H1 visa that was issued in 2004 and expired in Mar 2010. I was in the US on that visa only for 3 years between 2006 and 2009. I heard from a colleague that if I can get to the US on some other visa, the remaining 3 years on my H1 that was not utilized could be revived. Is that true?

Thanks!

[shervin143]

H1B in total is for 6 years. Only the time spent in U.S in H1B (+ L1) status counts towards the 6 year period. Any employer can file an H1B for you using the existing CAP and request an extension until the remaining time left on that CAP. You don't need to be in U.S to recapture the remaining period in H1B, it can be done from your home country.

[hash143]

I got a response from the Immigration department of my company that this is not possible and I will need to file a fresh petition.

Could someone please clarify if I can get this done through any private consultants or somebody else?

[shervin143]

I got a response from the Immigration department of my company that this is not possible and I will need to file a fresh petition.
>>> That is not true. You can always recapture the remaining period left in the H1B CAP that you hold. Anyhow, the company can also file a fresh H1B petition now since the CAP is still open.

Could someone please clarify if I can get this done through any private consultants or somebody else?
>>> Yes. Any employer who is ready to sponsor you the H1B can do this. You will need to provide a copy of the existing H1B approval notice (Or at least the receipt number of the approval notice).