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H1B Petition Validity

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  • H1B Petition Validity

    I have H-1B petition from 2010 but travelled to US on L-1B in Jan 2011. I moved from L-1B to H-1B in April 2014 and stayed on H-1B till Jan 2017 (i.e., ~2 years and 9 months). I moved from H-1B to L-1A in Jan 2017 and stayed on L-1A until Feb 2018. I returned back to India in Feb 2018. I want to go back to US as I completed 1 year cooling period. Can I use my H-1B petition now? Is it possible to use my petition under cap exempt? Please provide your valuable response.

    Thanks,
    Ravi

  • #2
    Wow that's quite a ride!
    I'm not sure if cap exempt has anything to do with this. As long as your H1-B is valid (within time expiration) and active that should be fine. If you got it on Jan 2017 you have 3 years so that means Jan 2020, that's not a long period you can use it but maybe you can extend it.
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

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