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Unused H1B period

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  • Unused H1B period

    Hi All,

    I am an IT professional.

    I have done my Masters in USA and I got my H1B is masters quota in 2008. I worked in H1 for 1 year and then resigned my job and left to India due to personal reasons.
    I am currently located and am working in SIngapore for a renowned company.


    My HIB was valid from 2008 and expired in 2011.I have not done my H1B stamping.


    Questions:

    1. Can I re-enter USA using the unused 2 years of my H1B?

    2. If yes for point 1,what is the process my USA employer needs to do to activate my H1B?

    3. If No for point 1, can my employer apply H1 in masters quota?

    Thanks,
    Ram

  • #2
    Any prospective employer can use the cap from the previous petition to file a cap-exempt petition for you at any time. After approval you can apply for a Visa at a consulate/embassy and then travel to US to work for that employer.
    Only the period you spent in the US in H1 status will count against the 6 year limit on H1B.
    This is my opinion and not legal advice.

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