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Help: claim unused time on H1B

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  • Help: claim unused time on H1B

    I am looking for suggestions on claiming the unused time on my last H1B. The H1B was in effect from Oct 2007 till Oct 2013 (renewed in Oct 2010). I quit my last job in July 2012, and spent the period from July 2012 till now outside of US and didn't enter on H1B status within the same period. I am now close to a job offer with a US-based company, and urgently need advice as to how to claim the unused time on the previous H1B, since new H1B application deadline with USCIS has already passed.
    If anyone had experience with the procedure, or knowledge about it, I would greatly appreciate your advice. I am particularly concerned about whether I am eligible to claim, what documentation I should prepare, and how long it would take the USCIS to approve.

    Thank you so so much!!!

    Wen2

  • #2
    Originally posted by wen2m View Post
    I am looking for suggestions on claiming the unused time on my last H1B. The H1B was in effect from Oct 2007 till Oct 2013 (renewed in Oct 2010). I quit my last job in July 2012, and spent the period from July 2012 till now outside of US and didn't enter on H1B status within the same period. I am now close to a job offer with a US-based company, and urgently need advice as to how to claim the unused time on the previous H1B, since new H1B application deadline with USCIS has already passed.
    If anyone had experience with the procedure, or knowledge about it, I would greatly appreciate your advice. I am particularly concerned about whether I am eligible to claim, what documentation I should prepare, and how long it would take the USCIS to approve.

    Thank you so so much!!!

    Wen2
    How much time did you spend in US on H1B?Say if you had spent 1 year then you can use the balance 5 yrs.You are CAP EXEMPT the recruiting CO can file a CAPEXEMPT petition & then you can fly if the visa still has validity in it.If the visa validity is expired then you have go for stamping with new petition filed by your company.You can file
    CAPEXEMPT at any time, there is not deadline because you are counted against CAP previously if had been in US on H1B previously.

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    • #3
      Thank you so much for the speedy reply! I spent 4 years 10 months on that H1B before I left in July 2012. But the H1B was scheduled to expire on Oct 2013. Can I still reclaim the balance of 14 months on that H1B and still be CAPEXEMPT? I do have a B1 visa valid and can enter using that. Can the company file a CAPEXEMPT petition after I am in the US?

      Thanks!!!

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