Tweet
I travelled to US in April2008 on a H1B and returned to India in March2010, there were 2 short vacations during this period. After my return to India in March2010, I stayed in India for 3years. During this period my visa got expired and my employer filed a new H1B petition in 2012 under the classification Cap-H1B Bachelor’s Degree which went through the lottery process and got approved. As I understand the 6year limit does not flow from my old H1B to the new one, not just because I was out of US for more than 1year, but also because the new one is a fresh H1B petition and not an extension/renewal.
Using the new H1B, I entered US in Jan 2013 and have been in US since then including a 2month vacation to India. During this period I switched to a different employer and the new employer while filing for my H1B transfer and subsequent extension petitions, for calculating the maxout date, they included my period of stay in US from the previous H1B visa and filed the extension application with this incorrect maxout data. USCIS has duly approved what was requested in the extension application.
1. Can you let me know if this error in maxout calculation can be corrected so that I don’t lose the remaining 2years on my current H1B.
2. Also is there any ID or Control number or reference number or any means that we can check online which states that these are 2 different petitions?
3. From the approval notice, How to know if it is a CAP exempt or CAP subject petition or where else can I check this other than the I129
Thanks,
Vijay
Using the new H1B, I entered US in Jan 2013 and have been in US since then including a 2month vacation to India. During this period I switched to a different employer and the new employer while filing for my H1B transfer and subsequent extension petitions, for calculating the maxout date, they included my period of stay in US from the previous H1B visa and filed the extension application with this incorrect maxout data. USCIS has duly approved what was requested in the extension application.
1. Can you let me know if this error in maxout calculation can be corrected so that I don’t lose the remaining 2years on my current H1B.
2. Also is there any ID or Control number or reference number or any means that we can check online which states that these are 2 different petitions?
3. From the approval notice, How to know if it is a CAP exempt or CAP subject petition or where else can I check this other than the I129
Thanks,
Vijay
