Invoking H1-B

[harsha_g2]

Hello All,
I had an H1-B visa which was expired in 2010. However, I have never used it and travelled to USA on H1-B. My question is - if someone is interested in sponsoring H1-B, will it be out of quota? Also, will it be considered under 6 years term? My H1-B approval was in 2007.

Please advise!

Thanks,
Vardhan

[kabkaba]

Since the last petition was within the last 6 years, another employer can file cap-exempt petition for you.

[harsha_g2]

Since the last petition was within the last 6 years, another employer can file cap-exempt petition for you.

hi kabkaba,
thanks for your response!! I do have a related question - since, it will be 6years next year from the original petition date, can the new H1 be given for another 3years or will it be given for the remaining time of the total 6years from the date of first petition?

thanks,
vardhan

[kabkaba]

Both are separate matters. Only the time you spend in the US in H1+L1 status counts towards the 6 year limit.

Separate from the above, USCIS only considers petitions that expired within the last 6 years to be eligible for cap-exemption.