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Time recapture on expired H1B

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  • Time recapture on expired H1B

    Hi,

    I had an H1B visa valid from 2002 till 2005. On this visa I traveled to the US twice, once for 1 month and once for 6 months thus 7 months in total.
    This visa got expired in Oct 2005.

    Then I went to US on L1A and was there from Sept 2006 until Mar 2013 (6.5 years.). I came back to India on April 1st, 2013.

    My question is,
    1. Is it possible to revive my old H1B and transfer to some other employer.
    2. Will it be CAP-Exempt
    3. If Yes for 1 and 2 above and if I travel to the US after April 1st, 2014 then can I do a time recapture which is 6 Years - 7 months = 5 years 5 months.

    Thanks.

  • #2
    Originally posted by pra3074 View Post
    Hi,

    I had an H1B visa valid from 2002 till 2005. On this visa I traveled to the US twice, once for 1 month and once for 6 months thus 7 months in total.
    This visa got expired in Oct 2005.

    Then I went to US on L1A and was there from Sept 2006 until Mar 2013 (6.5 years.). I came back to India on April 1st, 2013.

    My question is,
    1. Is it possible to revive my old H1B and transfer to some other employer.
    2. Will it be CAP-Exempt
    3. If Yes for 1 and 2 above and if I travel to the US after April 1st, 2014 then can I do a time recapture which is 6 Years - 7 months = 5 years 5 months.

    Thanks.
    You havent yet initiated your GC?

    H1 recapture can be done if one was cap counted in last 6 Years or one was in H1 status in last 6 Years. And it seems you dont belong to either of those categories. Also, L1 + H1 can be for 6 Years so I really am skeptical if you would be able to utilize the old H1 at all. Check with a good immigration attorney to determine the options. If not then you would have to apply for H1 in April 2014 with a start date of 01-Oct-2014.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You havent yet initiated your GC?

      H1 recapture can be done if one was cap counted in last 6 Years or one was in H1 status in last 6 Years. And it seems you dont belong to either of those categories. Also, L1 + H1 can be for 6 Years so I really am skeptical if you would be able to utilize the old H1 at all. Check with a good immigration attorney to determine the options. If not then you would have to apply for H1 in April 2014 with a start date of 01-Oct-2014.

      This is my opinion not legal advice.
      ----------------------------------------------
      Thanks for the reply.

      No. I have not initiated the GC as I had to come back to India due to some personal reasons after completing 6.5 years on L1A.
      I learnt from some of the forums that it does not matter if H1 is approved 6 years or 10 years back. you are CAP exempt if there is time on it.

      Please refer to below link -
      https://www.immihelp.com/h1b-visa-general-faq/

      Please suggest.

      Comment


      • #4
        Originally posted by pra3074 View Post
        ----------------------------------------------
        Thanks for the reply.

        No. I have not initiated the GC as I had to come back to India due to some personal reasons after completing 6.5 years on L1A.
        I learnt from some of the forums that it does not matter if H1 is approved 6 years or 10 years back. you are CAP exempt if there is time on it.

        Please refer to below link -
        https://www.immihelp.com/h1b-visa-general-faq/

        Please suggest.
        Well I dont agree or disagree to that with view point. You have to try it out with the help of a good immigration lawyer.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by pra3074 View Post
          Hi,

          I had an H1B visa valid from 2002 till 2005. On this visa I traveled to the US twice, once for 1 month and once for 6 months thus 7 months in total.
          This visa got expired in Oct 2005.

          Then I went to US on L1A and was there from Sept 2006 until Mar 2013 (6.5 years.). I came back to India on April 1st, 2013.

          My question is,
          1. Is it possible to revive my old H1B and transfer to some other employer.
          2. Will it be CAP-Exempt
          3. If Yes for 1 and 2 above and if I travel to the US after April 1st, 2014 then can I do a time recapture which is 6 Years - 7 months = 5 years 5 months.

          Thanks.
          Hi I am in a similar boat.. could you tell me how did you proceed?

          Comment

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