HiB visa expired

[naani]

Hi,

My H1B was approved in May 2005 (visa issue date: 13Feb2006) and I was in the US only for an year in 2007. And my H1 has transfered to another employer and got the approval from June 2007 to June 2010 and I worked almost for 1 year with new employer. I came back to India in 2008(April) and working here in India since 2008(Sept). I got the B1 visa (sept2008 to sept 2018) here in india and visited US once.

My question is, Can I renew my H1B visa now, i mean am i eligible to renew my H1B now? Will there be any clash between H1 & B1 visas?
Can you please help me understand if i can go for the process of renewing the H1 VISA which is expired? Is my case valid for a cap-exempt H1 visa?Please let me know.


Thanks,
Naani

[kabkaba]

Yes, you have the option of having a cap-exempt petition with immediate start date. But, if you use that option you will be eligible for 6 years minus time spent in the US in H1 status only.

If you have spent 1 continuous year outside the US since your last trip, you are also eligible for cap-subject petition. This can be filed on or after Apr 1 for a start date of on or after Oct 1. But this way, you are eligible for fresh 6 years.

[naani]

Yes, you have the option of having a cap-exempt petition with immediate start date. But, if you use that option you will be eligible for 6 years minus time spent in the US in H1 status only.

If you have spent 1 continuous year outside the US since your last trip, you are also eligible for cap-subject petition. This can be filed on or after Apr 1 for a start date of on or after Oct 1. But this way, you are eligible for fresh 6 years.

Thanks for your reply. Now I am in searching for the employer who can sponsor my H1, i mean who can ready to cap-exempt for my H1 visa. Please let me know if anyone can sponsor my H1. BTW, I am into application security, with J2EE technologies.....

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Yes, you have the option of having a cap-exempt petition with immediate start date. But, if you use that option you will be eligible for 6 years minus time spent in the US in H1 status only.

If you have spent 1 continuous year outside the US since your last trip, you are also eligible for cap-subject petition. This can be filed on or after Apr 1 for a start date of on or after Oct 1. But this way, you are eligible for fresh 6 years.

Thanks for your reply. Now I am in searching for the employer who can sponsor my H1, i mean who can ready to cap-exempt for my H1 visa. Please let me know if anyone can sponsor my H1. BTW, I am into application security, with J2EE technologies.....

[naani]

Yes, you have the option of having a cap-exempt petition with immediate start date. But, if you use that option you will be eligible for 6 years minus time spent in the US in H1 status only.

If you have spent 1 continuous year outside the US since your last trip, you are also eligible for cap-subject petition. This can be filed on or after Apr 1 for a start date of on or after Oct 1. But this way, you are eligible for fresh 6 years.

Can anybody explain what is the procedure to apply for a cap-exemption petition? Do I need to consult the consulate here in India? Please brief me the procedure.

Thanks.

[kabkaba]

If you find a job, tell the employer that you have had an H1 in the past and provide them with a copy of the previous H1 petition approval or receipt notice. They will file the cap-exempt petition for you.

[subrahmanyam]

H1b visa expire

Hi,

My case is also similar. My H1b was approved in Feb 2006 and I was in the US only for 9 months (Nov 2006). I came back to India in Nov 2006 and working in India since 2006.

Now Can I renew my H1B visa now ? Also i am eligible for cap-exempt H1 visa ?

Thanks,
Subba