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Reusing H-1B time

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  • Reusing H-1B time

    I have a question about the provisions regarding the reuse of unused H-1B time.

    My situation and timeline is as follows:
    1. In December 2004, while I was on OPT following an undergraduate degree, I was approved for a H-1B visa. I got my visa stamp in February 2005 and continued to work at the same company until July 2007.
    2. In July 2007, I filed the necesssary paperwork to switch my status, while still remaining in the U.S., to F-1 for a graduate degree. This was approved, and I spent one year in graduate school.
    3. I started work at a different company under my graduate degree's OPT time in July 2008. I'm currently still working at this company.

    I'm interested in knowing if I can go back to my old H-1B and avoid the problems associated with falling under the cap again. Since I already got a visa under the cap previously, would I be allowed to reuse the 3+ years of unused time I have on my old H-1B? Note that I have not left the country for more than one year, but I have not been on H-1B status for about a year or so.

    If anyone would happen to know if this is possible, and what paperwork I would need to get this done, your help would be greatly appreciated.

    Cheers!

  • #2
    Search for "remainder" on the forum and follow the posts.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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