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H1B Visa - Expired but within 6 years of filing

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  • H1B Visa - Expired but within 6 years of filing

    Hi,

    I got H1B visa valid from Oct 2010. I was in US from Feb 2011 till Mar 2012. I came back to India in Mar 2012. I did not file for extension and my Visa has expired on Oct 2013.

    Q1: Is it possible for me to utilize the unspent years now?
    Q2: Do I have to file new petition?
    Q3: If I have to file new petition, can I avail cap-exempt category?

    Thank you and really appreciate a quicker response.

  • #2
    Q1: Is it possible for me to utilize the unspent years now?
    >>> Yes.

    Q2: Do I have to file new petition?
    >>> New petition using the existing H1B CAP. You are CAP exempt since you have alrady secured a valid CAP within the last 6 years.

    Q3: If I have to file new petition, can I avail cap-exempt category?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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