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Any chances of claiming unused period on H1b

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  • Any chances of claiming unused period on H1b

    My first H1 had a query(INS felt i was out of status), and we submitted proof of status validity.Inspite of that,INS insisted that I leave for the home country n get the H1B stamped.Meanwhile,my employer re-appealed requesting INS to reopen the petition.My case pended for nearly the entire period of my H1B validity.Finally INS approved my case just 4 months towards the end of third year. Unfortunately, just when my visa was approved, the consultancy shut down,luckily I got an H1 transfer to another one.Now, could I avail the first H1's unused period of three years or not.
    Please do advise.

    Thanks ahead

  • #2
    Read the FAQs about remainder option.

    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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    • #3
      Remainder options for unused H1b period fails to answer my question

      Thank you TXH1B for the quick responses.I did go through the FAQ's for the remainder option and i fail to find an answer to my question.Could you be more specific.What i see there, is members who have not availed their H1b period from India.But,in my case, all the while i stayed here and waited for my appeal to process.And most importantly did not work,Just waited for the approval.
      Thanks a zillion for an attentive eye.

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      • #4
        I am not sure about the particular question. As an appeal retroactively reinstates your H1b period, you possibly were on H1b without pay for all the period in US and ended up burning H1b time from your 6 years without working. Talk to an attorney as this is beyond my level of knowledge.

        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.

        Comment

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