H1B extension has expired but only 10 months have been used

[spj1978]

Hello,

This may be a repeat scenario but kindly help.

The compnay I worked for got me the H1B and the issue date was 30 Aug 2007 and Expiration was 04 OCT 2009.

I travelled in July 2009 and immediately filed for extennsion to which I got extension till Apr 20012. But I travelled out of US in Apr 2010.

So the total period spend in US was only 10 months.

1. Can I reclaim the left out period by using the previous approved petition?
2. Can another company apply to use the previous petition?

Thanks,
spj1978

[raghvi]

Hello,

This may be a repeat scenario but kindly help.

The compnay I worked for got me the H1B and the issue date was 30 Aug 2007 and Expiration was 04 OCT 2009.

I travelled in July 2009 and immediately filed for extennsion to which I got extension till Apr 20012. But I travelled out of US in Apr 2010.

So the total period spend in US was only 10 months.

1. Can I reclaim the left out period by using the previous approved petition?
2. Can another company apply to use the previous petition?

Thanks,
spj1978

1. Yes.
2. They dont technically use the same petition rather file their own cap exempt petition.

If you have valid paystub of April 2010, another employer can file cap exempt petition for you till April 2016.

This is my opinion not legal advice.