Time frame to apply for new H1b visa to utilize old unutilized H1b visa

[Amol Aggarwal]

I have an unutilized h1b with me which was issued in Oct 2008 and got expired in Sept 2011. I was working there in US for four months only on h1b and returned back due to bad economic conditions there. I wish my current company to sponsor a new visa for me but which can utilize the time frame for previous unutilized visa. I will be exempted from the annual cap and also I can go immediately on new visa.

I wish to know till which time I can utilize my previous H1b.I have heard that I have to apply the new visa within six years . I wish to know if that is the case and also will it be from the date of issue or will it be from the date of expiry. For example can I apply till 2014 or till 2017.

[raghvi]

I have an unutilized h1b with me which was issued in Oct 2008 and got expired in Sept 2011. I was working there in US for four months only on h1b and returned back due to bad economic conditions there. I wish my current company to sponsor a new visa for me but which can utilize the time frame for previous unutilized visa. I will be exempted from the annual cap and also I can go immediately on new visa.

I wish to know till which time I can utilize my previous H1b.I have heard that I have to apply the new visa within six years . I wish to know if that is the case and also will it be from the date of issue or will it be from the date of expiry. For example can I apply till 2014 or till 2017.

There is ambiguity around this but to be safe, better to re use the H1 within 6 years of last held H1 status. So if you were in H1 status in Jan 2009, then you should apply to get the remainder time before Jan 2015.

This is my opinion not legal advice.