H1 Expired in Oct 2010 [worked 1 yr in USA] - Ext Info Required

[raja940]

Hi ,

After completing masters in USA[2007], I got my H1 in Oct 2007 and I worked in USA till Sep 2008 [i.e 1 year] and returned to INDIA for family emergency. My H1 got expired in Sep 2010.
I am planning to apply for 2013 H1 -quota.

1) Does it come under Re-Issue/Reopen[out of quota] for my old H1, as I utilized only 1 year of given 6 years OR come under regular fresh H1 quota ?
2) Is there any rule that we need to apply for re-issue/re-open of H1 only within 6 years from H1 start period [ in my case from OCT 2007 to OCT 2013]..? ....(OR) we can apply re-issue even after 6 years


Your response would be of great help for me .

Thanks in Advance,

[Nattybone]

Hi ,

After completing masters in USA[2007], I got my H1 in Oct 2007 and I worked in USA till Sep 2008 [i.e 1 year] and returned to INDIA for family emergency. My H1 got expired in Sep 2010.
I am planning to apply for 2013 H1 -quota.

1) Does it come under Re-Issue/Reopen[out of quota] for my old H1, as I utilized only 1 year of given 6 years OR come under regular fresh H1 quota ?
2) Is there any rule that we need to apply for re-issue/re-open of H1 only within 6 years from H1 start period [ in my case from OCT 2007 to OCT 2013]..? ....(OR) we can apply re-issue even after 6 years


Your response would be of great help for me .

Thanks in Advance,

Hi Raja,

Your old H1B is still valid and can be revived / recaptured. All you need is a sponsor.

Best,
~Natalie

[raja940]

Thanks a lot for the quick reply Natalie. It gave me a big relief ....Going further I have two more questions regarding the H1 Master Cap

1) As I hold a valid MS degree from USA[2007 graduated] , am I eligible to apply for H1 under Masters Cap ?
2) If the 20k masters cap is not filled completely....do they merge the remaining cap with the General quota...OR ...just it will be remain for Masters only ?

Thanks,
Raja