Is my old expired H1B visa eligible for cap exemptions?

[sn786921 0]

Hello Experts,

I am currently on L1 and it is going to expire soon. I had H1B from 2002 to 2007 and I have used only 14 months of H1B visa during that period. I was in US from 2002 to 2003 for 3 months and 2004 to 2005 for 11 months. Also during my second visit I got extended my visa till 2007.

I have following questions. Please help me to find the answer.

1) Is it possible to recapture unused time of my old expired H1B?

If yes please answer the below questions.

2) Can this be recaptured by a new employer(old H1B petition was filed by different employer)?.

3) When can I apply for recapture?. Current H1B visa cap already closed. Should I need to wait till Next april? Can this be done anytime?(Note: My current L1 expires by Feb 2014)

4) Considering I am on L1 and stayed in US for past 2 years. How much time will I be able to get back?

a) 6 years -14 months(h1b used time) = 4 year 10 months

( or )

b) 6 years -14 months(H1b used time) - 2 years( L1 visa Stay) = 2 year 10 months

5) what are the documents required to apply for recapturing old H1B unused time?

Note: I have my old approved petition copies,my passport with travel immigration stamps detail but I don't have old air ticket or boarding passes. Is it mandatory to submit air ticket or Boarding pass ?

[LanaMay 5]

In my case I was able to recapture time spent abroad but it had to be filed before H1B expiration date. I do not think it is possible with H1B that expired many years ago.

[Lisa Anderson 0]

Hello Experts,

I am currently on L1 and it is going to expire soon. I had H1B from 2002 to 2007 and I have used only 14 months of H1B visa during that period. I was in US from 2002 to 2003 for 3 months and 2004 to 2005 for 11 months. Also during my second visit I got extended my visa till 2007.

I have following questions. Please help me to find the answer.

1) Is it possible to recapture unused time of my old expired H1B?

If yes please answer the below questions.

2) Can this be recaptured by a new employer(old H1B petition was filed by different employer)?.

3) When can I apply for recapture?. Current H1B visa cap already closed. Should I need to wait till Next april? Can this be done anytime?(Note: My current L1 expires by Feb 2014)

4) Considering I am on L1 and stayed in US for past 2 years. How much time will I be able to get back?

a) 6 years -14 months(h1b used time) = 4 year 10 months

( or )

b) 6 years -14 months(H1b used time) - 2 years( L1 visa Stay) = 2 year 10 months

5) what are the documents required to apply for recapturing old H1B unused time?

Note: I have my old approved petition copies,my passport with travel immigration stamps detail but I don't have old air ticket or boarding passes. Is it mandatory to submit air ticket or Boarding pass ?

Are you asking if you can recapture H-1B time to go back on H-1 B or recapture that time to extend your L-1? If you want to go back on H-1B, you need to apply as soon as possible as you have to apply within 6 years of being in H-1b status. If you do go back on H-1B, your calculation in 4(b) is right- you have about 2 years and 10 months left as L-1 time and H-1B time count towards each other.

If you want to extend your L-1, you can argue that you are entitled to full 5 (L-1B) or 7 years (L-1A) if you left the U.S. for more than one year after the last time you were in H-1B.

[sn786921 0]

Are you asking if you can recapture H-1B time to go back on H-1 B or recapture that time to extend your L-1? If you want to go back on H-1B, you need to apply as soon as possible as you have to apply within 6 years of being in H-1b status. If you do go back on H-1B, your calculation in 4(b) is right- you have about 2 years and 10 months left as L-1 time and H-1B time count towards each other.

If you want to extend your L-1, you can argue that you are entitled to full 5 (L-1B) or 7 years (L-1A) if you left the U.S. for more than one year after the last time you were in H-1B.

Thanks for the clarification. let me put my question clear.

1) Currently on L1 for the past two years. Say if I apply H1B again saying I didn't use my previous H1 completely. Is it possible? my OLD H1B was expired on December 2007 itself. It is already 5 years past. It is possible to apply this visa in cap exemption.

2) You have mentioned that if I go back to H1B I will be getting only 6 - 14 months of H1B time - 2 years of current L1 time = only 2 years 10 months. I will be getting. Please correct me incase I am wrong

3) If I have to apply with in six years of last H1b and if it is not cap eligible. Can I apply H1B visa 2014.

[Lisa Anderson 0]

Thanks for the clarification. let me put my question clear.

1) Currently on L1 for the past two years. Say if I apply H1B again saying I didn't use my previous H1 completely. Is it possible? my OLD H1B was expired on December 2007 itself. It is already 5 years past. It is possible to apply this visa in cap exemption.

2) You have mentioned that if I go back to H1B I will be getting only 6 - 14 months of H1B time - 2 years of current L1 time = only 2 years 10 months. I will be getting. Please correct me incase I am wrong

3) If I have to apply with in six years of last H1b and if it is not cap eligible. Can I apply H1B visa 2014.

1. In order to avoid the H-1B cap, you have to apply for H-1B “extension” within 6 years of having H-1B status. However, from the facts you presented, even though H-1B expired in 2007, the last time you were in the U.S. on H-1B was in 2005. This means you might not be eligible for H-1B extension and will need to go through the Cap.
2. If you were eligible for H-1B extension, you only get about 2 years and 10 months because all the time you were in H-1B + all the time you were L-1 has to be counted towards 6 year maximum.
3. 2014 is definitely beyond 6 years of having H-1B.