Expired H1, reapply for fresh H1; quota applicable?

[repat]

Hi,

I had my OPT converted to H1-B after my MS with Employer A. The job started (on OPT) in Jan 2006. My H1-B was stamped in Nov 2006 and was valid up to Aug 2009 (roughly 3 years).

I worked with Employer A for 1.5 years from Jan 2006-Oct 2007 (i.e. only 1 year utilized on my H1-B) and then got transferred to a subsidiary office in UK of Employer A. Since then I got a 10 year B1-B2 visa (which expires in 2018) and have visited US for short periods (not more than 15-20 days) 4 different times on the B1 visa. I have quit the job and moved back to India since the last 2.5 years.

My question is that if I get a new H1B job in the US now, am I subject to FY2012 H1B cap/quota? Can I get a quota exemption regardless of who my new employer is? Does this change if I apply for job with my previous employer (Employer A)?

Also, if my H1 application is going to be exempted from quota, is there a time frame within which I must get a new H1B job before it gets subject to quota?

Thanks!

[shervin143]

One H1B CAP is valid only for 6 year from the last effective date. If your H1B was efefctive from Oct 1st 2006, then the CAP will expire on Sept 30th 2012. You can find a new employer and file a new H1B petition under the old CAP before it expires. After Oct 1st, you will have to wait for the new H1B CAP to open to file a H1B petition.

[repat]

One H1B CAP is valid only for 6 year from the last effective date. If your H1B was efefctive from Oct 1st 2006, then the CAP will expire on Sept 30th 2012. You can find a new employer and file a new H1B petition under the old CAP before it expires. After Oct 1st, you will have to wait for the new H1B CAP to open to file a H1B petition.

Shervin,

Many thanks for your reply. My H1B visa stamp says it is valid from Nov 16 2006 and expires on Aug 30 2009. Does this mean I can apply for a cap-exempt petition until Nov 16 2012? Or is the cap-exempt window based on the date of approval of the petition? Based on your reply, H1B effective date is used to calculate the 6 year window but I am not sure if the effective date for H1B is the same as it says as "valid from" on my Visa stamped in the passport... please clarify. Thanks!

[shervin143]

The CAP is based on the approved H1B petition. Visa stamping in the passport has nothing to do here. The effective date will be printed in the approval notice. There will be an "Effective From" date in your H1B approval notice.

Shervin,

Many thanks for your reply. My H1B visa stamp says it is valid from Nov 16 2006 and expires on Aug 30 2009. Does this mean I can apply for a cap-exempt petition until Nov 16 2012? Or is the cap-exempt window based on the date of approval of the petition? Based on your reply, H1B effective date is used to calculate the 6 year window but I am not sure if the effective date for H1B is the same as it says as "valid from" on my Visa stamped in the passport... please clarify. Thanks!

[repat]

The CAP is based on the approved H1B petition. Visa stamping in the passport has nothing to do here. The effective date will be printed in the approval notice. There will be an "Effective From" date in your H1B approval notice.

Thanks again for getting back - your information is very useful.

This may sound ridiculous but I have lost the petition approval notice (I-797) that should have the 'effective from' date to determine my CAP-exempt window. The only thing I have is the H1-B visa. I had gone to the Canadian Embassy to get the H1-B stamped on Nov 16 2006 and the visa stamped in my passport says "Issue Date: 17NOV2006" "ExpirationDate:31AUG2009"

In the visa, since the expiration date is on 31 AUG 2009, is it reasonable to guess that the petition must have had an 'effective from' date as 01 Sep 2006?

I know this is a really silly question and no way to be sure about the answer but any guidance will be very useful. I am trying to assess if there is anytime left in the 6 year cap-exempt window for me to go to the US and get a H1B job and apply for a fresh petition in the next couple of months.

Thanks!

[shervin143]

Well, in most cases, the VO will issue you the visa only till the petition expiry date. So it can be possible that you receive the visa expiry until petition expiry date. Most employers will not file a new H1B petition for you using the receipt number if you don't have a copy of the previous approval notice. It is a risk for them. If the receipt number is wrong or if the max out date has reached, the employer will lose the filing fee.

Thanks again for getting back - your information is very useful.

This may sound ridiculous but I have lost the petition approval notice (I-797) that should have the 'effective from' date to determine my CAP-exempt window. The only thing I have is the H1-B visa. I had gone to the Canadian Embassy to get the H1-B stamped on Nov 16 2006 and the visa stamped in my passport says "Issue Date: 17NOV2006" "ExpirationDate:31AUG2009"

In the visa, since the expiration date is on 31 AUG 2009, is it reasonable to guess that the petition must have had an 'effective from' date as 01 Sep 2006?

I know this is a really silly question and no way to be sure about the answer but any guidance will be very useful. I am trying to assess if there is anytime left in the 6 year cap-exempt window for me to go to the US and get a H1B job and apply for a fresh petition in the next couple of months.

Thanks!

[sunil y]

My H1B petition is approved in 2008 and expired

My H1B petition is approved in 2008 and did not use till now . I did not go for visa stamping. It is more than 6 years now. I have not traveled to US on any visa.

Is my H1B petition still valid?

If it is valid can i use the same petition and go for visa stamping?