My H1B visa expires in Oct 2014 (complete 6 years with all possible time re-captures). 3. The maximum duration of stay in H1B status is six years, under the general rules. I have an expired and unused H1B visa (filed by a company called Delasoft Inc), which was issued in 2006 and expired in 2009. This 6 year H1B cycle can be spread across many years till it ends. • From 2010 - 2020, I was on multiple H1b 3-year extensions • In January 2020, we had to leave the US as my employer refused to do my new PERM and new I-140 and hence refused my new H1b. My case history - • Initial H1b 2004 – 2010 • Approved I-140 from a previous employer with a priority date of March 2010. The way my employer and his attorney is working my PERM will be applied by Dec 2014 at the earliest. As I have never used the approved H1 and not worked on it, do I still have the eligibility of 6 Years starting now to work, if my employer files for H1 now (which is cap exempt) 2. Is unused and expired H1B eligible for CAP EXEMPT beyond 6 years Posted: 13 Jan 2014. During in USA, applied for H1B extension in the year 2011 and it got approval. Additionally, time spent in L-1 status is counted against this six -year time limit. The general consensus from free lawyer’s guidance was I can choose any, it is grey area and edge case. We were planning to get back to the US on my wife’s visa but due to … Tags h1b cap exempt portability A. anonymoususer123 New Member. Have been asked to consult immigration attorney. 2. After that year, one becomes eligible for six more years, but must be counted against the numerical cap anew. Once I finish 6 years on an H1B visa, do I have to stay outside of the USA for 1 year before I can apply for another new term? In some cases, if the person has not used all six years in H1B status before leaving, there could be an option to return for the unused “remainder” time (without becoming subject to the cap). Duration of Stay in H1B Status. I had my H1B approval in the year 2008 and traveled to US for the first time in Jan 2010. 4. H-1B transfer from profit to non-profit and back to profit after 6 years on H1B. Disclaimer: I am not a lawyer The 6 year period has two sides: a) The time that you can get an H1B without counting in the cap again, needing to participate in the visa lottery if quota is exceeded, as expected. Also if you go thru the entire Aytes memo regarding the H1B remainder option, you see in only place "counted within the 6 years” is mentioned. That is the meaning of "counted within the 6 years" not mentioning that you should be counted in H1B cap in the last 6 years. Second, DHS has made several edits to simplify and streamline the regulatory text at 8 CFR 214.2(h)(13)(iii)(D), which describes eligibility for the “lengthy adjudication delay” exemption afforded by section 106(a) and (b) of AC21 to the general 6-year maximum period of H-1B admission. It also explains H1B portability, the H1B quota or “cap” provisions, and related matters. I traveled to India in Dec 2011 for visa stamping after H1B extension. Feb 21, 2021 #1 I am looking to switch jobs from a non-profit to for-profit company and not quite sure how it would work in my situation. 1. 1. The idea was to reactivate remaining time on cap-exempt US H1B again between 1 to 6 years expiration timer or file a new H1B (> 1 yr makes me eligible for fresh case as well). Just few final questions based on your response to: " YES, you can use that expired petition for up to the 6 years that the H1B validity period is alloted. "
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