h1b renewal

[vs_ram]

Hi, my h1b visa petition expired in sep/2008. And currently I am in l1b visa and staying in US from 2010. Is there any possibility to renew my h1b petition again. I have 2 more years available to reach my 6 years time frame. Please advice

[kabkaba]

Only the time spent in the US in H1 or L1 status counts towards the 6 year limit. Any remaining time can certainly be captured by filing a petition.

[vs_ram]

Only the time spent in the US in H1 or L1 status counts towards the 6 year limit. Any remaining time can certainly be captured by filing a petition.

Thanks for your response. This means still I can renew my H1B petition any time and no need wait for the cap. My H1B petition expired in sep/2008

[vs_ram]

Only the time spent in the US in H1 or L1 status counts towards the 6 year limit. Any remaining time can certainly be captured by filing a petition.

Can you please advice if I can Renew my petition even though the petition expired in 2008 (from 2005 till 2008) without waiting for the 2013 cap.

[kabkaba]

Yes, since it was filed within the last 6 years unless you have spent more than 6 years in the US in H1 + L1 status.

[vs_ram]

Yes, since it was filed within the last 6 years unless you have spent more than 6 years in the US in H1 + L1 status.

Sorry to keep asking similar kind of query... but still i wish to be more specific on my query:
my H1B visa stamping happend in Feb/2006 and expired in Sep/2008. Is this case still under within 6 year period in where i can renew my H1B petition? Please advice.

[kabkaba]

Your previous H1 petition expired within the last 6 years. That makes you eligible for cap-exempt petition.

You are eligible for a total of 6 years minus time spent in the US in H1+L1 status.