H1B Visa Extnension or Renewal

[sreekara]

Dear All,

I had a H1B visa from organisation A and that was from Oct 2005 to Sep 2008 (1st term 3years). This is my petition date, but i had utilized only 16 months from Jan 2007 to Apr 2008 that means i had 36-16= 20 months unutilized period of H1. I returned to India in May 2008 and my H1 expired in Sep 2008.

I am still working from same organisation A, Now I need to come back to USA on H1B, Do i under cap of 2012 or I am exempted ?? If i apply the H1B on the basis of my old petition i can enter US as soon as i get an approval from UCIS & don't need to wait till Oct 2012, Is my understanding correct? Has any one been in my situation, could you please share your experience.

Thanks, Sreekara

[shervin143]

One H1B CAP in total is for 6 years and only the time spend in U.S in H1B + L1 status counts against this 6 year period. Any time spend outside U.S can be recaptured. You are eligibel to file a new petition under the old CAP and request an immediate start date. Upon approval, you can enter U.S with a valid passport and H1B visa to work for the H1B sponsor.

[sreekara]

One H1B CAP in total is for 6 years and only the time spend in U.S in H1B + L1 status counts against this 6 year period. Any time spend outside U.S can be recaptured. You are eligibel to file a new petition under the old CAP and request an immediate start date. Upon approval, you can enter U.S with a valid passport and H1B visa to work for the H1B sponsor.

Thanks a lot for answering my question.