Can I reclaim my previously alloted H1B or should I apply for a new H1B?

[work]

I have completed my Masters in Computer Science in May 2007. My initial H1B started in October 2007. Later I have joined another firm and that H1B has expired on January 06 2011. However, I left US in November 2008. So I did not use the entire allotted H1B time. Hope this information is enough to find out if it is possible to reclaim my previously allocated H1B and not apply for a new quota-based H1B visa. Please let me know if any further information is required.

Please help.

[raghvi]

I have completed my Masters in Computer Science in May 2007. My initial H1B started in October 2007. Later I have joined another firm and that H1B has expired on January 06 2011. However, I left US in November 2008. So I did not use the entire allotted H1B time. Hope this information is enough to find out if it is possible to reclaim my previously allocated H1B and not apply for a new quota-based H1B visa. Please let me know if any further information is required.

Please help.

There is ambiguity around the remainder period for the same. Generally its easier if one was in US on H1 status in last 6 Years or was cap counted in last 6 Years. You were on H1 in last 6 Years so yes, it could be possible to file a cap exempt petition with immediate start date.


This is my opinion not legal advice.