H1B -- I-797B Petition Validity -- CAP exempt - Info. Required - plz

[Guest Mod_G_TomB_Sulle]

1 minute ago, Rapp-Chikk said:

As per couple of people - out of 6 years of H1B-term,,,, I have stayed only 4.2 years...

So, I still should have 1year and 10 months open...( I did not use the 2nd term petition - 2nd I-797B = Valid from 01/02/2010 to 10/22/2011)

and its been almost 6 years I came back to INDIA (Dec 2009)

So, even after 6 years - now, can I apply for my H1B in cap exempt..(instead of regular lottery process)....? and will I get a new H1B petition with new valid period from USCIS...?

once u r out more than 365 days, you will have fresh 6 yrs 

[Rapp-Chikk]

14 minutes ago, Mod_G_TomB_Sulle said:

once u r out more than 365 days, you will have fresh 6 yrs 

ok....

So - you mean to say that - I can NOT use the old H1B petition anymore (even though I did not stay in USA for complete 6 years)..... because I have stayed out of USA for more than 1 year (365 days)

And now - I should apply for fresh / new H1B as normal process (either in lottery or in premium process)..

Right..?

[Guest Mod_G_TomB_Sulle]

Just now, Rapp-Chikk said:

ok....

So - you mean to say that - I can NOT use the old H1B petition anymore (even though I did not stay in USA for complete 6 years)..... because I have stayed out of USA for more than 1 year (365 days)

And now - I should apply for fresh / new H1B as normal process (either in lottery or in premium process)..

Right..?

you can use old peition if its not expired but let say you stay more then 365 days out of US at one stretch, your H1 resets to 6 yrs again 

[Rapp-Chikk]

17 minutes ago, Mod_G_TomB_Sulle said:

you can use old peition if its not expired but let say you stay more then 365 days out of US at one stretch, your H1 resets to 6 yrs again 

Please answer clearly...

We are going back and forth again and again..... but did not get any clear answer....

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2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US).... US employer

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to USA.....and joined a company in India.......

Hence I did not use the 2nd term petition.

---------------------------------

Now please tell me if I can travel with this above petition... whose validity period was from 01/02/2010 to 10/22/2011.

 

[Guest Mod_G_TomB_Sulle]

2 minutes ago, Rapp-Chikk said:

Please answer clearly...

We are going back and forth again and again..... but did not get any clear answer....

---------------------------------

2nd I-797B Petition = Valid from 01/02/2010 to 10/22/2011 (Did NOT stay in US).... US employer

I returned to India in Dec 2009 and got the VISA stamped in India....but I did not travel back to USA.....and joined a company in India.......

Hence I did not use the 2nd term petition.

---------------------------------

Now please tell me if I can travel with this above petition... whose validity period was from 01/02/2010 to 10/22/2011.

 

how can travel with petition expired in 2011 ? you need to file extension with that petition and then go for stamping and come to US

[Rapp-Chikk]

10 minutes ago, Mod_G_TomB_Sulle said:

how can travel with petition expired in 2011 ? you need to file extension with that petition and then go for stamping and come to US

ok... thanks for some clarity....

You need to file for the extension.... Please tell me what this means.. Is it applying for new H1B again..?? or applying H1B in Cap-exempt...?? or something else...

Based on this I will have to tell my current employer how to proceed and what to apply.... as my current employer do not have clarity what to do and how to proceed.

Please help - Please elaborate with some form names which I have to use for filing the extension...

Please understand.. and elaborate... and help..