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expired H1B visa eligible for cap exemptions?

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  • expired H1B visa eligible for cap exemptions?

    I am currently on L1 and it is going to expire soon. I had H1B from 2002 to 2007 and I have used only 14 months of H1B visa during that period. I was in US from 2002 to 2003 for 3 months and 2004 to 2005 for 11 months. Also during my second visit I got extended my visa till 2007.

    I have following questions. Please help me to find the answer.

    1) Is it possible to recapture unused time of my old expired H1B?

    If yes please answer the below questions.

    2) Can this be recaptured by a new employer(old H1B petition was filed by different employer)?.

    3) When can I apply for recapture?. Current H1B visa cap already closed. Should I need to wait till Next april? Can this be done anytime?(Note: My current L1 expires by Feb 2014)

    4) Considering I am on L1 and stayed in US for past 2 years. How much time will I be able to get back?


    a) 6 years -14 months(h1b used time) = 4 year 10 months

    ( or )

    b) 6 years -14 months(H1b used time) - 2 years( L1 visa Stay) = 2 year 10 months

    5) what are the documents required to apply for recapturing old H1B unused time?

    Note: I have my old approved petition copies,my passport with travel immigration stamps detail but I don't have old air ticket or boarding passes. Is it mandatory to submit air ticket or Boarding pass ?

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