1 year unused H1B, now on H4

[nchaurdia]

Hi,

I was in the US from 2000-2004 on F1. On Oct 1st 2004, I started my H1B with an expiry date of 9/30/2010 (after extension), and I left the US on Nov 9 2009. After calculating the number of days for H1B validity (2159 days) and I used 1756 days (calculated day in and out from passport), I have approximately 403 days of H1B time left now. Is it possible to reactivate this H1B visa?

I left the US on Nov 9 2009 and returned back on H4 on Dec 4 2011. Can I reactivate the visa if I find a job, or do I have to go back into the quota and try to find a job before April 1st 2012 and go into the new cap.

The visa expired on Sept 30 2010.

I assume if I reactivate the H1B visa, I would have to find a company that will process GC immediately right?

[shervin143]

I was in the US from 2000-2004 on F1. On Oct 1st 2004, I started my H1B with an expiry date of 9/30/2010 (after extension), and I left the US on Nov 9 2009. After calculating the number of days for H1B validity (2159 days) and I used 1756 days (calculated day in and out from passport), I have approximately 403 days of H1B time left now. Is it possible to reactivate this H1B visa?
>>> No. One H1B CAP is valid only for 6 years. CAP from a petition that is filed prior to 6 years cannot be used.

I left the US on Nov 9 2009 and returned back on H4 on Dec 4 2011. Can I reactivate the visa if I find a job, or do I have to go back into the quota and try to find a job before April 1st 2012 and go into the new cap.
>>> You have to go through a new CAP.

[nchaurdia]

Ok, I had an employer tell me they can reclaim that lost time and I can probably start as soon as the paperwork goes through.

[shervin143]

Well, then you should try. If at all the petition gets denied, it is the employer who will loose his money.

Ok, I had an employer tell me they can reclaim that lost time and I can probably start as soon as the paperwork goes through.