H1 remaining period utilization rules.

[bhavesh1_sharma]

Hi All,

I know this question is asked many times, and being answered also.

But im asking it again to get it more clarified to situation im am.

So i got my Hi visa in Oct 2010. Stamping for 3 years. I started working in Nov 2010 in US. Came back from US in March 2013. In this total period im back and forth to india, so about 6 months im in India.

so overall i stayed for say 24 months only in US.

Now i have about 4 years remaining on my visa.

But after coming back from US (im still working for same company in India), my company is acquired by another company.

Now i have following question :

1. Is my remianing visa period is valid and can i claim it?
2. Is it true that only till 6 years i cna apply for cap exempt - but 6 years start when my visa is approved or when i came back?
3. What is the best approach now to come back to US if i have offer?

Appreciate if some one can help with this.

thanks
bhavesh

[raghvi]

Hi All,

I know this question is asked many times, and being answered also.

But im asking it again to get it more clarified to situation im am.

So i got my Hi visa in Oct 2010. Stamping for 3 years. I started working in Nov 2010 in US. Came back from US in March 2013. In this total period im back and forth to india, so about 6 months im in India.

so overall i stayed for say 24 months only in US.

Now i have about 4 years remaining on my visa.

But after coming back from US (im still working for same company in India), my company is acquired by another company.

Now i have following question :

1. Is my remianing visa period is valid and can i claim it?
2. Is it true that only till 6 years i cna apply for cap exempt - but 6 years start when my visa is approved or when i came back?
3. What is the best approach now to come back to US if i have offer?

Appreciate if some one can help with this.

thanks
bhavesh

Visa and petition and cap exemption are three different things.
1. You are still cap exempt as you were cap counted in last 6 Years. Your petition and visa may have expired based on their individual expiry dates. But as you are cap exempt you can get new petition and new visa.
2. 6 years from H1 application or 6 Years from last held H1 status. As you were in H1 in March 2013, you will be considered cap exempt till March 2019.
3. Ask employer to file I129 as cap exempt H1 and once that is approved you will get a new I797 through them and using this new I797 book a visa appointment and get a new H1 stamping done.

This is my opinion not legal advice.

[bhavesh1_sharma]

Thanks raghvi for the information

Visa and petition and cap exemption are three different things.
1. You are still cap exempt as you were cap counted in last 6 Years. Your petition and visa may have expired based on their individual expiry dates. But as you are cap exempt you can get new petition and new visa.
2. 6 years from H1 application or 6 Years from last held H1 status. As you were in H1 in March 2013, you will be considered cap exempt till March 2019.
3. Ask employer to file I129 as cap exempt H1 and once that is approved you will get a new I797 through them and using this new I797 book a visa appointment and get a new H1 stamping done.

This is my opinion not legal advice.

Thanks raghvi....