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Question Regarding my H1B petetion

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  • Question Regarding my H1B petetion

    Hi Team,

    I have one related to my H1B Visa.

    I am from Bangalore India.I got my petetion approved (i797) and visa also stamped. My H1B visa validity is from March 2011 to march 2014. I have been travelled to USA and been there for around 4 months . I want to clear with this point that I just utilized 4 months of my VISA ( by living /working in USA) and travelled back to India.

    Once I am back to India I didt had an chance to travel to USA again.Current status is visa expired and changed my employer as well. I understand that my Visa can be transfered by new employer via cap exemption process.

    It has been around 5.5 years my petetion got approved. In some of the blogs I understood that maximum 6 years visa can be used. I just used 4 months of visa by living in USA.

    My question is legally, till what time I can transfer my VISA via cap exemption. Suppose after 7 years of petetion approval if I have used only 4 months (time spent in USA ) am I eligible for cap exemption?

    Please help me in understanding the process

  • #2
    Originally posted by Hari Kishan View Post
    Hi Team,

    I have one related to my H1B Visa.

    I am from Bangalore India.I got my petetion approved (i797) and visa also stamped. My H1B visa validity is from March 2011 to march 2014. I have been travelled to USA and been there for around 4 months . I want to clear with this point that I just utilized 4 months of my VISA ( by living /working in USA) and travelled back to India.

    Once I am back to India I didt had an chance to travel to USA again.Current status is visa expired and changed my employer as well. I understand that my Visa can be transfered by new employer via cap exemption process.

    It has been around 5.5 years my petetion got approved. In some of the blogs I understood that maximum 6 years visa can be used. I just used 4 months of visa by living in USA.

    My question is legally, till what time I can transfer my VISA via cap exemption. Suppose after 7 years of petetion approval if I have used only 4 months (time spent in USA ) am I eligible for cap exemption?

    Please help me in understanding the process
    6 years from your last held H1 status date.

    This is my opinion not legal advice.

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