H1B Remainder

Asked over 1 year ago - Indio, CA

I have a PhD degree in STEM from a US university. I had H1B visa when I worked in USA. I had H1B almost three years visa stamped on my passport: from December-30-2009 till July-30-2012.
I only used almost two years and 3 months, as I left USA to my country on leave without pay in August 2011 and then totally left my USA job on March 1 of 2012.
I have been outside USA since August 2011, more than a year. I did not use 3 years and 9 month of my H1B visa.

- Am I eligible to use the H1B remaining period (almost four years) and avoid re-applying for new H1B and be subject to cap?

- If I am eligible, does timing matter and does filing under H1B remainder happen only once a year? Or can I start working in the US any time as long as I have an employment letter?

Attorney answers (4)

  1. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . - Am I eligible to use the H1B remaining period (almost four years) and avoid re-applying for new H1B and be subject to cap? You are not subject to the cap if the employer was not cap exempt.

    - If I am eligible, does timing matter and does filing under H1B remainder happen only once a year? Or can I start working in the US any time as long as I have an employment letter?
    Your prospective employer is required to petition for you. Once approved, you need a visa to travel to the U.S. and enter to work.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Yes you are and timing does not matter in a sense that your employer can still file.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Am I eligible to use the H1B remaining period (almost four years)

    Yes

    and avoid re-applying for new H1B

    No

    and be subject to cap?

    You are currently cap exempt

    - If I am eligible, does timing matter and does filing under H1B remainder happen only once a year?
    No

    Or can I start working in the US any time as long as I have an employment letter?
    No, You need to have an approved H-1b filed by the employer you will be working for.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Yes. No. Yes.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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