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H1B Validity

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  • H1B Validity


    I had a H1B (approved during a FY2010) thru employer 'A'. I recently got it transfered to Emp 'B'.
    Just fyi, i havent got the visa stamping done yet (and hence never traveled to US on either H1 or L1).

    Just wanted to check for how long i.e. for what duration can i use this H1B to work in US.

    As per my understanding (what i got from immihelp) it seems that (since i havent used this H1B to travel to US hence) i can use it for full 6 years (as the time spent in US on L1 or H1 counts towards the 6 year cap).

    But few post also says that I cant use the H1B petetion (beyond 6 years from its approval i.e. in my case it cant be beyond year FY2016).

    So I am kind of confused. Need your advise.

  • #2
    Your H1B petition was approved within the last 6 years. So the CAP on that H1B petition still remains valid (H1B CAP is valid for 6 years from the date of approval). You will get all 6 years in that CAP. You can keep filing the H1B extension or transfer using that CAP until you complete 6 years in that CAP. If you do not use that CAP to file a new petition with a current or different employer until Oct 2016, then that CAP cannot be used and you will have to file a new H1B petition that is subjected to brand new CAP (quota).
    Not a legal advice. Use of this information is strictly at your own risk.