H1 B Visa used only 6 months

[vollala]

Hi,

Can any one please answer my query.

I got my H1 Bvisa in 2008 for 3 years i.e., till 2011. i have travelled to US in 2011 for 6 months and applied for extension while coming back to India. Then in 2012 i got my extension approved till january 2014.
I have left the company through which i have got my H1B Visa.

Now if i want to go to US with new employer(by transfering the Visa) - Will i be able to go for another extension ? If yes how long i may get the extension.
Though i have not used full 6 years - is it still counted?

If its countable for 6 years .. if i want to stay longer what will be the case.

Inputs are highly appreciated.

Regards,
Swapna.

[Nattybone]

Swapna,

There are 2 parts two your query. I am no expert, i am sharing something from my experience:

a) H1B extended till 2014 - If you file a transfer petition with your new employer and have it approved, you are good. Please do check about stamping. You will need the new employer's visa stamp from the consulate on the Passport if you are not in USA.

b) H1B duration - My understanding is H1B is about usage. You are allowed usage of 6 years. If you were in India and did not use the visa, you are allowed to recapture the visa and use it for the balance duration. In your case, 5 years and 6 months.

c) Recapture duration - I am not at all clear on this and need some input. H1B is normally for 6 years (2 tranches of 3 years each). E.g.: If someone who got H1B in 2008, uses only 6 months and comes back to his/her home country, till when can he file for recapture. i) Is it forever, as you have been counted in the 2008 cap already?, ii) It is 6 years, within 6 years the person should file for reviving the visa for his balance duration? I do not know this answer.

d) Extension duration period - While filing for extension, you should show the employment as long term, so that they give you maximum possible. Which is 3 years.

Hope this helps.

Cheers,

These are personal opinions. I am not a legal expert.

Hi,

Can any one please answer my query.

I got my H1 Bvisa in 2008 for 3 years i.e., till 2011. i have travelled to US in 2011 for 6 months and applied for extension while coming back to India. Then in 2012 i got my extension approved till january 2014.
I have left the company through which i have got my H1B Visa.

Now if i want to go to US with new employer(by transfering the Visa) - Will i be able to go for another extension ? If yes how long i may get the extension.
Though i have not used full 6 years - is it still counted?

If its countable for 6 years .. if i want to stay longer what will be the case.

Inputs are highly appreciated.

Regards,
Swapna.

[vollala]

H1 B Visa used only 6 months

Thank you Nattybone for clear explanation.

I need more clarity on the point c . Anyways thank you as you have provided information which you know about it.

Can anyone provide more insight to point c.

Also for the point B.. just to make sure.. am i eligible to stay for 5.6yrs as i have used only 6 mnths of the total 6 years.

Regards,
Swapna.

[Nattybone]

Swapna,

See if this thread helps you in anyway.

http://www.immihelp.com/forum/showthread.php/114369-If-an-H1B-visa-is-not-fully-used-can-the-H1B-be-revived-more-than-6-years-later

Cheers,

Thank you Nattybone for clear explanation.

I need more clarity on the point c . Anyways thank you as you have provided information which you know about it.

Can anyone provide more insight to point c.

Also for the point B.. just to make sure.. am i eligible to stay for 5.6yrs as i have used only 6 mnths of the total 6 years.

Regards,
Swapna.