Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Moved back to India. Can i claim my remaining time of my H1B in future.?

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

  • Moved back to India. Can i claim my remaining time of my H1B in future.?

    Hello,
    I have some question regarding my H1B status and need your help.

    Our background:
    Me and wife both were in US on H1B status. On 02/2016 we came to India due to some family reason.

    I was on H1B Status from 11/2011 to 02/2016 (Total years 4 years 3 months).
    Labour and I–140 approved. Priority date is 02/2013

    My wife was on H1B status from 10/2013 to 02/2016 (Total years 2 years 5 months)

    According to H1b rules I still have 1 years 9 months and she has 3 years and 7 months in our total h1B period. We don’t have any plan to comeback into US right now but if we decide after few years (3-5 years) then what are the options

    Questions
    1) Can we claim our reaming period of H1B anytime? Does this has any timeframe?
    (For example: can we claim our remaining after 10 years?)
    2) If we do in future, does it consider as H1B transfer? Does it count against the H1B Cap?
    3) Can different employer can file my labour and I-140.? Is it possible for me to port my previous date(02/2013) if that become active at that time

  • #2
    Originally posted by Hello8496 View Post
    Hello,
    I have some question regarding my H1B status and need your help.

    Our background:
    Me and wife both were in US on H1B status. On 02/2016 we came to India due to some family reason.

    I was on H1B Status from 11/2011 to 02/2016 (Total years 4 years 3 months).
    Labour and I–140 approved. Priority date is 02/2013

    My wife was on H1B status from 10/2013 to 02/2016 (Total years 2 years 5 months)

    According to H1b rules I still have 1 years 9 months and she has 3 years and 7 months in our total h1B period. We don’t have any plan to comeback into US right now but if we decide after few years (3-5 years) then what are the options

    Questions
    1) Can we claim our reaming period of H1B anytime? Does this has any timeframe?
    (For example: can we claim our remaining after 10 years?)
    2) If we do in future, does it consider as H1B transfer? Does it count against the H1B Cap?
    3) Can different employer can file my labour and I-140.? Is it possible for me to port my previous date(02/2013) if that become active at that time
    1. Yes, within 6 years from your last held H1 status date.
    2. If done in next 6 years it will be cap exempt.
    3. Yes. You would still need a valid H1 to enter US.
    This is my opinion not legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X