H1B Expired - can it be renewed

[rajnair_p]

Hi,
My original H1B petition was for Boston, valid till May 2012. However i didnt travel till Sept 2010. Since i was travelling to Wisconsin in Sept 2010 we filed a LCA and the approved petition was till Aug 2011 and my visa was also stamped till Aug 2011. I stayed in U.S from end of Sept 2010 till July 2011 and had to come back as my assignment got completed. Since my visa and approved petition expired in Aug 2011, can it be renewed now or will i have to file a fresh H1.

Thanks in advance

Raj

[kabkaba]

Since you have been counted under H1 cap, any employer can file a cap-exempt petition for you at any time. After that is approved, you can use that to apply for a Visa at a consulate/embassy and then travel to US. The time that you actually spent in the US in H1 or L1 status will count towards the 6 year limit on H1.

[rajnair_p]

Thanks

Thanks kabkaba,
I scanned through the criteria which are exempt under h1B cap (https://www.immihelp.com/h1b-cap-petition/#exempt). i dont think i fit in to any of these categories except point no "5", however i haven't stayed in the united states for a complete year, does it still allow me for cap exemption.

regards

Raj

[kabkaba]

Read it again. 'left the US for more than 1 year'.
If your new employer hires any decent attorney, they will know what to do.

[rajnair_p]

My employer's attorney says that it cannot be done. My question is, if i change my job will my new employer be able to use this petition and file without the cap. i have hardly used 10 months from the 6 year period.

[shervin143]

Possible.

My employer's attorney says that it cannot be done. My question is, if i change my job will my new employer be able to use this petition and file without the cap. i have hardly used 10 months from the 6 year period.

[rajnair_p]

Thanks Sherwin,
One last question, is there any official publication or link which states that cases such as mine can be renewed without coming under the cap. i tried searching the net and couldnt find any information on this. I need this to show it to my employer.

regards

Raj

[shervin143]

But you are not going to find every single information about immigration documented there. Consult a good immigration attorney on your own and they will be able to help you.

Thanks Sherwin,
One last question, is there any official publication or link which states that cases such as mine can be renewed without coming under the cap. i tried searching the net and couldnt find any information on this. I need this to show it to my employer.

regards

Raj

[rajnair_p]

search for H-1B “Remainder” Time

Not sure if it probably says that i need to be out of the United states for an year to avail of this remainder time. The statements were a bit confusing.

[kabkaba]

You should consult an experienced immigration attorney on your own. They can provide you with legal references which you can show to your employer or their lawyer.

[rajnair_p]

Thanks

Thanks Kabkaba and shervin. I was able to prove it using some links on the USCIS website. They agreed it can be done. What would be the processing time, would it take the same time as that of a New H1 petition

regards

Raj

[akhil_agarwal1]

The processing time is the same as that of a new H1B.
But you have an option to 'premium' file it (additional fee of $1250) where you can get the results in 15 days.