Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B Out of Cap

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B Out of Cap

    Hi,
    I am outside US and my H1B got expired while I was outside US and could not travel back due to personal reason.
    I wanted to know
    1. Can I apply for extension.
    2. will it come under out of cap , or should it go through lottery process again ?
    3. Till when I can apply for h1b out of cap from the visa expired date
    4. Can I change employer, outside US and still apply under h1b out of cap after changing employer

    Thanks,
    Kiran

  • #2
    Originally posted by KK8619 View Post
    Hi,
    I am outside US and my H1B got expired while I was outside US and could not travel back due to personal reason.
    I wanted to know
    1. Can I apply for extension.
    2. will it come under out of cap , or should it go through lottery process again ?
    3. Till when I can apply for h1b out of cap from the visa expired date
    4. Can I change employer, outside US and still apply under h1b out of cap after changing employer

    Thanks,
    Kiran
    Dates are very important to decide such things. When was H1 applied, when were you last in h1 status?

    1. You dont, your employer needs to file it. If there is time remaining on the H1 yes it would be possible to apply for the extension.
    2. Once cap counted, one can choose to remain cap exempt for upto 6 Years and no need to go through lottery.
    3. 6 Years from last held H1 status.
    4. Yes.

    This is my opinion not legal advice.

    Comment


    • #3
      Hi raghvi,
      quick question -
      Are you aware of any law or immigration article or memo where it is clearly mentioned that the 6 years are calculated from last held H1B status? I am confused as I heard from other sources that it is also calculated from the expiry date of your petition (and not last held H1 status)

      in that case my petition was approved in Sep 2007 and expiry on Sep 2010. So I guess do I have time till Sep 2016?
      I was last in the US in July 2009.

      Please advise if I can still use cap exempt or not.

      Originally posted by raghvi View Post
      Dates are very important to decide such things. When was H1 applied, when were you last in h1 status?

      1. You dont, your employer needs to file it. If there is time remaining on the H1 yes it would be possible to apply for the extension.
      2. Once cap counted, one can choose to remain cap exempt for upto 6 Years and no need to go through lottery.
      3. 6 Years from last held H1 status.
      4. Yes.

      This is my opinion not legal advice.

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X