Hi,I was on H1 Status till from Jun-2008 till Dec-2009. My H1 petition Visa got expired in Jul-2010. If new employer files my H1 Petition ...

Question

Hi,

I was on H1 Status till from Jun-2008 till Dec-2009. My H1 petition & Visa got expired in Jul-2010. If new employer files my H1 Petition in Jul-2014, Will it be cap exempted to get the remainder period of H1 (as employer is filing within 6yrs from my last H1 Status maintained)?

Thanks and appreciate your reply.

Answer

Yes, you should be able to recoup the unused remainder of the six year maximum period of stay for H-1B visas. However, you & your employer should be discussing this matter with their immigration attorney.

Answer

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM