H1B Expired(4 yrs ago), can we apply for Renewal under Non-Cap

[Divyadhan83]

Hi,

My H1B petition got expired in Sept 2010 (almost 4 yrs ago), my company didn't renew that time.

1. can it be renewed now(2014) under Non-Cap category?
2. can a different company apply for renewal? or only the same company should do the renewal ?
3. also kindly let me know if there are any other condition for applying renewal under of Non-Cap category ?

Thanks in advance.

Regards,
Divya

[raghvi]

Hi,

My H1B petition got expired in Sept 2010 (almost 4 yrs ago), my company didn't renew that time.

1. can it be renewed now(2014) under Non-Cap category?
2. can a different company apply for renewal? or only the same company should do the renewal ?
3. also kindly let me know if there are any other condition for applying renewal under of Non-Cap category ?

Thanks in advance.

Regards,
Divya

Which year cap were you counted against? Did you get visa stamped? When were you last in US on H1?

[Divyadhan83]

Which year cap were you counted against? Did you get visa stamped? When were you last in US on H1?

Hi, Thanks for replying

My Work Permit was from 01-Oct-2007 to 07-Sep-2010. and I got it stamped & was present in US on H1B for almost 2 years (i returned back to india in Dec 2009).

Kindly let me know if you need more info in this regard.

[raghvi]

Hi, Thanks for replying

My Work Permit was from 01-Oct-2007 to 07-Sep-2010. and I got it stamped & was present in US on H1B for almost 2 years (i returned back to india in Dec 2009).

Kindly let me know if you need more info in this regard.

As you were on H1B status in last 6 Years and havent fully exhausted your 6 Year limit and have been outside US for more than 1 Year you have an option, either to file in fresh cap and if approved get fresh 6 Year term starting from 01-Oct-2014 or later, OR, use the old petition with immediate start date but validity of 6 Years Minus time already spent on H1 status between 2007-2014.

This is my opinion not legal advice.

[Divyadhan83]

As you were on H1B status in last 6 Years and havent fully exhausted your 6 Year limit and have been outside US for more than 1 Year you have an option, either to file in fresh cap and if approved get fresh 6 Year term starting from 01-Oct-2014 or later, OR, use the old petition with immediate start date but validity of 6 Years Minus time already spent on H1 status between 2007-2014.

This is my opinion not legal advice.

need a small clarification on your reply
"...6 Years Minus time already spent on H1 status between 2007-2014" so does it mean 6 yrs minus 2 yrs (the time i was in US) ?? or 6 yrs minus 3 yrs (the time period of my H1B petition) ??

Also i was on dependent visa (L2-EAD tough didn't work) during the May 2011 to Feb 2012 does this affect my H1B renewal conditions ?

Also, can a different company apply for renewal? or only the same company should do the renewal ?

[raghvi]

need a small clarification on your reply
"...6 Years Minus time already spent on H1 status between 2007-2014" so does it mean 6 yrs minus 2 yrs (the time i was in US) ?? or 6 yrs minus 3 yrs (the time period of my H1B petition) ??

Also i was on dependent visa (L2-EAD tough didn't work) during the May 2011 to Feb 2012 does this affect my H1B renewal conditions ?

Also, can a different company apply for renewal? or only the same company should do the renewal ?

Only time spent while on H1 and getting paid as per H1 is counted. So in your case 6 Yrs minus 2 yrs. L2 time is not deducted from this 6 Years.

This is my opinion not legal advice.

[Divyadhan83]

Only time spent while on H1 and getting paid as per H1 is counted. So in your case 6 Yrs minus 2 yrs. L2 time is not deducted from this 6 Years.

This is my opinion not legal advice.

Thanks Raghiv, your help is appreciated

if you have any idea about this qtn, can a different company apply for renewal? or only the same company should do the renewal ? , kindly let me know your views