Expired petition which has 2 years left on it

[neilstar]

I was in US from 2007 to 2011 and came back to India in 2011. In 2011 I had H1B petition valid till 2013. So 2 years on it were not used.

Now this is 2017 that petition is expired. Is it possible for me to use those two years if I find an employer?

Thanks in advance.

[raghvi]

I was in US from 2007 to 2011 and came back to India in 2011. In 2011 I had H1B petition valid till 2013. So 2 years on it were not used.

Now this is 2017 that petition is expired. Is it possible for me to use those two years if I find an employer?

Thanks in advance.

Possibly. When in 2011 did you leave US?

This is my opinion not legal advice.

[neilstar]

Possibly. When in 2011 did you leave US?

This is my opinion not legal advice.

Thanks for the reply. I left US in June 2011. Does timeline matter in such cases (of trying to use old remainder of H1b)?

[raghvi]

Thanks for the reply. I left US in June 2011. Does timeline matter in such cases (of trying to use old remainder of H1b)?

Generally, one can revive the H1 within 6 Years of leaving the US, if time is remaining on the H1. Since you left in June 2011, you pretty much have time only till June 2017 to revive it.

There have been some exceptions, but no clear guidelines from USCIS. You will have to seek opinion of the employer and their attorney if they willing to file for you even after being away from US for more than 6 Years.


This is my opinion not legal advice.