Previous I-797B Expired. Validity Years ?

[pradeepktg]

Hi,

My previous petition(I129) is expired. Valid through 1-Oct-2013 to 29-Sep-2014. Since it is already expired, does it mean that i need to go through lottery system next time or is the H1B still valid for some more years where i don't have to go through lottery system untill H1B validity gets expired? If my H1B still has some more years validity, then how many years and how it is calculated ?

Thanks,
Pradeep

[raghvi]

Hi,

My previous petition(I129) is expired. Valid through 1-Oct-2013 to 29-Sep-2014. Since it is already expired, does it mean that i need to go through lottery system next time or is the H1B still valid for some more years where i don't have to go through lottery system untill H1B validity gets expired? If my H1B still has some more years validity, then how many years and how it is calculated ?

Thanks,
Pradeep

You need not go through lottery as you are cap exempt (already part of the cap) . A cap is valid for 6 years from initial filing year or 6 years from last being in US on H1, whichever is later. If you have never been to US then you can chose to apply under cap exempt till Oct 2019, if you have been to US, then you can choose to apply under cap exempt till 6 years from the last date you were in US.

This is my opinion not legal advice.

[pradeepktg]

Thanks

Thank you Raghvi 👍