Unused H1B Recapture Rule Article

Apply H1B after 6 Years to Recapture unused Time – USCIS Rule

In H1B Visa by KumarUpdated : 260 Comments

The demand for H1B visas in US continue to be at its peak with H1B lottery in the last few years. USCIS is introducing New H1B Registration Rule from FY 2021 season to reduce costs and streamline operations. In this context of high demand for H1Bs, being counted towards H1B cap in the past has become more and more important, if you want to work in US.  In the past, there was a USCIS regulation to recapture unused time that said that you were considered as cap exempt, only if you have filed for H1B in the past 6 years. This changed in 2017 when the new rules and clarification by USCIS came into effect with. We will cover those details of Old Rule that said the 6 years limit and new clarification by USCIS as per Jan 2017 memo with official references.

What was the previous H1B remainder time Recapture Rule before Jan 2017, that said 6 Years limit to apply as cap exempt?

The previous rule to recapture remainder unused time of 6 years of H1B time said that, you were considered cap exempt to recapture unused period of H1B, only if you apply for H1B before 6 years from the original H1B approval date. It was not very clear what happens if you do not file within 6 years.  Below is a reference of the official rule from INA section 214(g)(7) in one of the field guidance memos of USCIS from 2006. See below screenshots. Check Official USCIS 2006 Memo

H1B Recapture 6 Year Rule - Previous Rule before 2017

Below is the screenshot of the actual rule in Immigration and Nationality Act (INA) section 214(g)(7). It is the same that you see in above screenshot, but below is the actual INA source that talks about the regulation. As it was not clear, it was interpreted that you can only apply within 6 years to be eligible for recapturing the unused H1B.  Check Official INA 214(g)(7) Rule

INA - H1B 6 Year Rule for Recapture as Cap Exempt

As this was not fully clear, in late 2016 it was raised in comments as part of the regulation “Retention of Immigrant Workers, Program Improvements for High-Skilled Nonimmigrant Workers”. USCIS clarified the same in their response when the final rule was published for the same and updated the rule.

What is the current rule to apply for H1B to Recapture Unused time as Cap Exempt ?

The rule to recapture unused H1B time of 6 years was updated in 2017 to provide more clarity and it says that “there is no time limitation on recapturing the remainder of the initial 6-year period of H-1B admission under INA 214(g)(4).” What it means is that if anyone has applied for H1B in previous years and counted towards H1B cap, they can re-apply for H1B as cap exempt petition, with USCIS, anytime to recapture their unused initial H1B time that is less than 6 years.  There is no time restriction that they should apply within 6 years from the initial H1B approval time anymore to recapture or use the remainder of H1B unused time.  Below image articulates the same in a timeline using an example.

H1B Recapture Timeline Example to apply after 6 Years

Below is the official rule change screenshot from federal register. Check Official Federal Register Rule . The below image from Federal Register is the summary of the rule change.

Change done to H1B Recapture Rule after 6 years

Below image is from same Federal Register rule that is the actual clarification of the comments by USCIS in the final rule publication.

H1B Recapture Rule interpretation in Comments of the Rule

H1B Recapture Rule to re-apply, Proofs to Submit to avail the same :

As the above final rule was published, it was updated in the standard code of federal regulations of H1B at 8 CFR 214.2(h)(13)(iii)(C) and below screenshot shows the actual text, where it tells that the remaining time can be recaptured in a subsequent H1B petition at anytime. To avail the benefit, it is up to the beneficiary or the H1B holder trying to recapture the time to provide all relevant documentation support the same. Official reference at : 8 CFR 214.2(h)(13)(iii)(C)

Documents Required to Submit as proof to recapture unused time of H1B of 6 years :

H1B Recapture after 6 Years Staying outside of US Rule - Official Rule

What has been your experience on recapturing the remainder of Unused H1B period of 6 years ? Did you go through any such situation ? Share your thoughts and experiences.   

   

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Comments ( 260 )

  1. Amit

    Hello ,

    I travelled back to India in Jan 2019 and have only 25 days remaining on the h1B stamped visa.Can I file for cap exempt to recapture 25 days and also file perm/I140 from India?

  2. Manraaj

    Hello
    I got H1b approved in 2006, and remained in US from July 2007 to Nov 2007(Five months)
    and came back to India and never been to US for more than 12 years. My H1B visa was expired in Novenber 2009 and just used the visa for 5 month only.

    ( A) Is it possible to apply under cap exempt even though i am out of US for
    more than 12 years?
    (B) Can I change my previous Employer ?
    Regards

  3. imcool24

    Hi Kumar,
    Thanks for all the details.

    I will be reclaiming the unused months of my previous h1b which expired in 2012. However have you come across any cases where the unused time was recaptured successfully after 6 years?

      1. Deepika

        Hello Kumar,
        Need your expert advise on the below.

        I got H1B in 2014 from company A. I went US and worked for 3 years. After that I came back to India. My H1B got extended till 2020 in US But not Stamped. After that I couldn’t find an another opportunity. I left Organization ,my H1B extension expired on jul 20 2020. Am I eligible for cap exempt through a new company

  4. SOMENATH BANERJEE

    Hi ,
    I have an unused H1B petition valid from 10/2/2006 till 03/31/2009.I have just used 3 months(in 2008-2009) out of the 6 years possible.

    L1B Blanket – I worked in USA ( From 03/2011 till 11/2015)
    L1A blanket – I am working in USA (From 03/2018 – till now)

    My question is due to below rule if require (L1A extension denied or 7 years cap used )can I get a H1B stamping based on my old approved H1B ?Or convert my L1A ( now) to H1B( without going through lottery )

    1. administrator
      Kumar

      Somenath,
      You can apply for H1B without going through lottery as you have not used all 6 years of H1B. A company need to apply for New H1B using the previous approval telling that you have not used all of it and you only worked for 3 month, that way you can use rest of remaining time.

      1. SOMENATH

        Thanks Kumar .Please also let me know incase in future L1A extension denied ,Can I use the unused H1B to continue job in USA with valid status without leaving USA (while I140 approved ,I485 pending )?

        Can EB1 pending based on L1A will still be valid for H1B status as well for same employer ?

        1. administrator
          Kumar

          Somenath,
          The issue with applying after denial is that you will not be able to change of status as your status would be lost. If you want to do it, you should do it before L1A is denied. Talk to your attorney. Yes, you can use the priority date from that and use H1B extensions to continue to stay. Talk to your attorney.

          1. Som

            Hi Kumar ,
            Attorney replied that since in my Case H1B approved first (Stayed only 4 months out of 6 years ) but after that I came on L1B stayed in USA for 4.5 years and then L1A around 2 years of stay as of now so total is more than 6 years .As per attorney I already stayed more than 6 years in H1 + L1 so I need to apply a fresh H1B after one year out of country to set the clock.I am really not sure since you said I can still use my Old H1b to extend the status without a fresh lottery .Can you please tell me a contact whi sucessfully able to use old H1B in similar situation .Need your comment please.

      2. Payal

        Hi Kumar..
        I am in the similar situation..I have used just 3 months from my previous H1B in 2005(employer A).
        I am in the US on L1A (employer B) for the last 5 years..So my question is if my current employer applies cap exempt H1B, am I going to get just 9 months of H1B since I have used 3 months from H1B and have been staying here for the last 5 years on L1A??
        I have an approved eb1 i140.. can I use this L1A i140 to extend my H1B or do I need to file another i140 for H1B??

        Thanks

        1. administrator
          Kumar

          Payal,
          Yes, that’s the idea. Yes, you can apply for H1B extensions based on approved I-140, if you move to H1B. Check with your attorney and proceed.

  5. Raf

    Hey there,

    I ahve a question. My initial 6 years H1B expired last year and we filed successfully for time recapture which allows me to continue working here for a while. I had to spend time outside of the us during this recaptured time, can I recapture again ?

  6. Krishna

    Hi, I entered US with L1B in July 2014 and left the country by Nov 2018 and reentered US with H1B on Jan 2019. Based on maxout calculation My Visa is ending by End of September 2020. Can I recapture my Visa if I leave the country by mid September (incase I manage to get my i140)?

  7. Rohan

    Hi,
    I had my H1B from 2005 to 2009 [4 years utilized staying in US] and upon leaving my firm my employer had a stamp on my visa stating ‘Cancelled without Prejudice’. Now in 2020 I am in US on an L1A. Can recapture my 2 years of H1B by finding an employer here in US where I can get a transfer to. Would I be cap exempted ? .. Second question is that between 2005 and 2009, I was not married and now I have dependents so if I am able to recapture, would my dependants get new H4 visa with the same 2 years ?

    1. administrator
      Kumar

      Rohan,
      You can recapture it as cap exempt. As long as you have H1B, they will get H4, that is not an issue.

  8. Rajesh Sethy

    Hi, I have i140 approved for more than a year now. Consider this situation – If I return to India and stay there for more than 6 years without returning to India and after 6 years if I decide to apply for H-1B, will I be cap-exempt or need to apply for April cap?

  9. Ravi Kumar

    I got H1B on 2012 for 3 years and has expired on 2015 without using the visa, the recapture the unused H1B time of 6 years can applicable in my case also? if yes please clarify and also let me know the process.

    Thanks in Advance!

    1. administrator
      Kumar

      Ravi Kumar,
      It is a grey area… If you had no stamping, You may or may not be cap exempt. If you had stamping, you may be eligible.

      1. Ravi Kumar

        Hi Kumar,

        Thank you for the response….

        I got my H1B visa stamped in the year 2012 but never traveled to US after my stamping, so can i eligible for Cap exempt in my case? if yes what is the process to get the visa?

        Many thanks!

        1. administrator
          Kumar

          Ravi Kumar,
          This is a slightly grey area. As you had stamping, you maybe able to get transfer done Cap Exempt. If you have an employer, you should give it a try.

      2. kumar

        Hi Kumar, I also had an approved petition in 2008 with out stamping and never used. Now I am on L1, can I transfer to H1B by recapturing ot? If its Grey area, what is the best way to get that processed? Do you provide attorney services for this?

        1. administrator
          Kumar

          kumar,
          There is no best way, the only way is to work with attorney and apply for it. If you have an employer willing to give it a try, just go for it. No, we do not provide any services.

    1. administrator
      Kumar

      Abhi1234,
      Yes, there are many cases that have been recaptured. We do not have specific experiences shared here.

    1. administrator
      Kumar

      Anupama,
      You can try to capture it. But, if you do not have visa stamping, you cannot enter US. But, if you are already in US, it should be fine.

  10. Mohan

    Hi,
    I was on H1B in US for 1 month in 2013 and came back to India and never been to US for more than 6 years. My H1B visa was expired in 2014 and just used the visa for 1 month only. Is it possible to apply under cap exempt even though i am out of US for more than 6 years???

    1. administrator
      Kumar

      Mohan,
      If you have worked on H1B, then you are cap exempt…It does not matter how long you are outside…

  11. Sulatha

    My husbands petition is valid until Jan 2021. And his 6 years on H1B is ending in Oct 2021. If he leaves 6 months before Oct 2021, and then apply for H1B after 3-4 years in future, will he be cap-exempt or he has to go through Lottery. My specific question is that if there is any minimum number of time period required in previous H1B petition which is pending.

    1. administrator
      Kumar

      Sulatha,
      He will be cap exempt, but he will only get the remaining 6 months. He needs to go through lottery again, if he does not have I-140 approved.

      1. Sulatha

        There is a rule of cool off period i.e. after a year if you apply for H1B you get back all 6 years if we haven’t exhausted all 6 years. Can you please elaborate on that.

        1. administrator
          Kumar

          Sulatha,
          Yes, that rule applies only if you have used up all 6 years. You need to go through lottery again for the new 6 years.

  12. Rupesh

    Hi,
    Initial Entry in H1B: 1 Jan 2014 – 31 Dec 2016: stayed 6 months outside USA in this period.
    Extension given for 2 years: 1 Jan 2017 – 31 Dec 2018.
    Next extension: 1 Jan 2019 – 30 June 2020 – Got 6 months recaptured.

    Now, If I have traveled outside USA after 1 Jan 2020 for 2 months, can I recapture those 2 months and extend my stay beyond 30 June 2020 in H1B status?

    NOTE: PERM or I-140 not applicable. It’s only H1B extension.

  13. Karthik Sundar

    Hi Kumar, I missed one entry stamp which is in my new passport for the trip when I went and came back after Visa stamping. Will the stamped Visa during the claimed period serve as a proof of my stay outside USA or I won’t be granted those days as entry stamp was not submitted for that trip?
    Also, can this missed entry stamp page be sent as an additional evidence when my EOS petition is pending for a decision

    1. administrator
      Kumar

      Karthik,
      It is not just entry stamp, you can submit your flight tickets or boarding passes or any other proof that you have like stamps that you used to enter your home country to prove that you were outside.

  14. SA

    Hi,

    Thanks for the article.
    I have one question regarding being H1B cap exempt or not.
    I was in USA on H1-B from 2002 – 2010. I have approved I-140.
    I left USA in 2010, just after I got my 3 years extension beyond the first 6 years.
    Can I apply for H1B cap exempt? Thanks

    1. administrator
      Kumar

      SA,
      If you have I-140 approved for more than 6 months ( not withdrawn before 6 months of approval), then you can use that to file as cap exempt.

  15. Lekha

    Hi,

    I got my h1 in Jan 2017 while I was in USA in h4(first time h1 with change of status approved) . But at that time due to project ramp down I was laid off and I was not paid. Hence I changed my status back to h4 within the 60 day rule and got my H4 approved. So now I am working on h4 ead and want to convert to h1(which I already have used only for 50 days but no pay slip). So in this case since I was on h1 almost 50 days without payment will it affect my h1 approval.

    1. administrator
      Kumar

      Lekha,
      Well, they may ask you for proof of H1B status at that time, if they sense anything wrong…It is hard to say. Check with your attorney on this. Ideally, if you had left the country and come back, it should have been fine, but I am not sure now how it will work as it has been long… Talk to attorney.

  16. Kishore

    My name is Kishore, I worked in H1visa from 2012 to 2018. My actual maxout period was OCT 2018. But I left USA In the month of July 2018. Technically 3 months are still there to finish my 6yrs. In this situation if I apply for H1b I will be considered in cap exception? Or My H1b will be considered in Cap and go thru lottery system?

  17. Nivaas Reddy

    Hi,
    I got my H1B visa stamped in the year 2009 but never travelled to US after my stamping. Can you please clarify if I can apply for H1B Cap application this year?
    Thanks,
    Reddy

    1. administrator
      Kumar

      Nivaas Reddy,
      This is slightly grey area. As you had stamping done, you may be very likely to be considered cap exempt and may apply for transfer.

  18. BSD

    Hello Kumar

    I have old H1b expired in 2008 and never used. Currently I am on L1 with a different employer and L1 will max out in next 4 months. I-140 EB2 approved.
    Can i use my old H1B never used to file cap exempt L1 to H1 COS. Please confirm

    1. administrator
      Kumar

      BSD,
      This is slightly grey area, discuss with an attorney on this. It is not a direct yes or a direct no…

      1. BSD

        Thanks. Just to clarify old H1b is stamped. Although visa stamping was delayed as visa officer put it on admin processing and it took more than one year to clear the admin processing and no reason was provided. (Visa appointment in 2006, approved and stamped in 2007)

        1. administrator
          Kumar

          BSD,
          Stamping always helps as it gives you the H1B status at least once. So, it can be positive thing. Check with your attorney. Also, do update here for community benefit.

  19. Leena Bhushan

    Hi Kumar – Thank you for the article. It is extremely helpful.

    Here’s my question for you:

    I have been on H4 EAD since July 2018 and have been working for a large organization (employer A). In January 2020, I finally got my H1B approval notice (consular processing) with employer A. I still have 2.5 years on my H4 EAD (July 2022), and do not intend to transfer to H1B till then. Say I were to transfer to a smaller organization using my H4 (one that does not hire candidates on H1B), work with them till January 2022, and then move to another large organization (employer B). Will employer B be able to use my H1B approval from employer A to transfer me as a cap-exempt candidate? Please note: I would not have used even a day on H1B.

    Looking forward to hearing from you.

    Leena

    1. administrator
      Kumar

      Leena,
      This is a grey area…many a times, they ask for H1B status either by stamping or by working in US for at least a day…There are some cases in the past, that were approved as cap exempt, but in recent times, it is different. As this is grey area, you are better off validating and asking them to apply for H1B and see, if it works…

  20. Kumar

    Hello,

    I was on H1B in the US between 2010 – 2011 (6 months). Then went back to India and stayed till 2016 (4.5 years). Then, came back to US using re-capture time and stayed on H1B between 2016 – 2017 (6 months). Then converted from H1B to L1A and stayed from 2017 to 2020 (3 years). Question is, can I now switch back to H1B and recapture the remaining 2 years?

      1. Kumar

        Thank you,

        My L1A visa and i94 are going to expire in July 2020. If I apply for COS to H1B it can take 7 or 8 months for the approval now and as premium processing is not available. Question is, can I legally continue to work for the time between my L1a expiry date and till COS to H1B is approved?

        1. administrator
          Kumar

          Kumar,
          No you cannot work after your I-94 expires or your L1 ends. You can stay in the country. The key reason is you do not have H1B authorized to work and you cannot use L1 as it has expired…

  21. Maya

    Thanks a lot for the article, Kumar!

    Does the ACWIA apply to recapture I-129 petition or does it get waived and the petitioner just needs to pay the USCIS fee of $460?

    Thank you!
    Maya

  22. shivani Rana

    Hi Kumar ,

    I am having H1B visa in cap , valid stamped visa already ended on June 2018.
    Now my husband got his H1B, can i travel to US with my husband on H4 and then see any employer in US who can file H1B in cap for me and then can change H4 to H1B.Pls guide

    1. administrator
      Kumar

      shivani,
      You maybe able to do that. It is slightly grey area…Most of the times, if you had stamping, you are considered cap exempt. The rule is that USCIS lately asks for H1B status, which you either get by stamping or working on H1B.

  23. Murugan Ramaswamy

    Hi,
    This article is really useful. My L1A petition got denied recently few days back. I was in H1B in US from 2nd Nov, 1998 to 30th April, 2003. After that I have traveled to US only in B1 visa. Approx. I stayed in US in H1B for about 4.5 years. Can I reclaim my remaining 1.5 years? Is it too late to claim the remaining years? What happens after 1.5 years? My company also filed i-140 petition at that time. I am not sure of the current status. How do I track it? Thanks a lot for your help.

  24. Rani

    Hi

    Thanks for this article- super helpful!
    I had an H1B approved in late 2011, but I ended up deferring my job offer, and so only got it stamped in Jan 2013, and moved to the US the same month. As the first approval was only valid till late 2014, the employer’s attorney’s filed for an extension in mid-2014, and I got a new stamp that was valid till mid-2017. I left the US at the end of 2014 for personal reasons. I am now looking to move back to the US- and am in the final interview stages for a job in the US, but they are looking for someone to join very soon.

    From the article I understand that I can now use the 4+ years left on my old H1B… thanks for that.

    My questions were
    a) As this would be a H1B ‘transfer’, if premium processing were still open (I understand that its temp shut for coronavirus), my understanding is that I would be able to get the approval within 15 days? and the longer suspension of premium processing for people subject to cap would not apply, right?
    b) From what I’ve read online, in case of H1B transfer, one can start working as soon as H1B petition is submitted- rather than wait for approval. But I assume that’s not the case here given the visa has probably lapsed in some way given it was from some years back (the stamp was valid only till 2017)? Could I start work for them remotely as an employee as soon as petition submitted? Or any other way I can start working for them once petition submitted by them (given H1B transfer allows that)?
    c) I assume that since the stamp in my visa is old, once I have approval I need to schedule an appointment at the consulate to get a new stamp— do you know what the wait times and processing times for Delhi are roughly (before the coronavirus shut down)? Also, to save time, can I schedule the consular appointment in parallel, i.e. if the 15 days end on May 1st, schedule it for May 2nd- or do I need to have some approval number in hand for the appointment booking?
    d) In case USCIS does not re-open premium processing because of Coronavirus, do you know how long the H1B transfer process takes in regular processing?

    Thanks!

    1. administrator
      Kumar

      Rani,
      a. yes
      b.No, you are outside of US, that is only possible if you are on H1B and transfering within US, then you can work. Now, you need approval, stamping done to re-enter and then work.
      c. It is hard to say, now everything is closed. Don’t know when they will be open. Check consulate website.
      d. it can take few weeks to few months….There is NO SLA for the general processing.

    2. Shan

      I think you can work remotely regardless of H1B. There are tonnes of freelancers working full time jobs as consultants who’ve never stepped foot outside India. It should be possible. There are thousands of remote worker jobs on Stackoverflow as well, so that means people are using it. Probably, you can hold off filing petition until then to avoid any complications of H1B for you or your employer or US taxation. Whenever, premium processing opens, it will take 2 weeks.

      You can take a salary cut (with respect to US/ Bay area salary) to reflect Indian standard of living and costs until eventual H1B happens. Or negotiate equivalent position Indian salary + 25% premium. It can be used as bridge until your final move. It is a win-win for both. Hopefully, they also see value in face-to-face work at site, so your original job offer for US location should stand as well.

      Of course, take opinion from an immigration and tax attorney about above.

  25. Raghu V

    Hi,

    I got H1 filed in 2001 and stamped as well.
    I also got H1 filed in 2005 but not stamped.
    However, I didn’t travel even once to US.
    Is it possible to recapture the visa?

    1. administrator
      Kumar

      Raghu V,
      This is slightly grey area.. If you had stamping done, it may be possible. The only way to know if, if an employer is willing to take the chance and try. talk to an attorney.

      1. Teja

        Hi,

        My wife had her initial H1B Approved in Sept 2012. She worked on full time basis until June of 2015.

        Since June 2015 she moved on from H1B to H4 due to family reasons. She has been on H4 since then. Now, she is working on H4 EAD and her employer would like to file for her H1.

        Is it possible to recapture her H1B as she only used 2 and half years of her 6 year H1b validity?

        P.S: She doesn’t have I140 i.e perm filing was not done till date.

        Thanks in advance.

        1. Shravanthi

          Hi,

          I haven’t used my H1B which is expiring in September 2020 and plan to get it renewed. I haven’t travelled to the US on this visa. Can I get it renewed? I read that an I94 is needed for renewal so can I apply without that since I havent travelled at all?

          If this case has already been discussed here please let me know where to look

          Thanks
          Shravanthi

          1. administrator
            Kumar

            Shravnthi,
            If you have never traveled to US, then your employer need to apply for h1B extension. Discuss with them.

  26. Sekar

    Hi I was in H1b from 2009 to 2013 Jun. Then came back to US on F1 in 2016 and currently in F1 OPT EAD. I have 1.5 years left in my H1B. Can i apply cap exempt to recapture unused time. Or since i was not in H1 status over past 6 years, I cant apply?
    -Sekar

  27. Lekha

    Hi,
    I got my h1b approved on Jan 2017 and unfortunately my project ended at that time and I was in grace period of 60 days until March 2017. Within that period I filed for my h4 and got my receipt notice for h4 by mid March. Now my doubt is since I am on h4 in USA itself, is there any time period within which I should convert to h1 to be cap emexpt? Or I can recapture my unused h1(5 yrs 10 mnths left) any time even 6 yrs after the initial h1b approval date.
    Thanks in advance

    1. administrator
      Kumar

      Lekha,
      If you had H1B status, even once, you can use it to recapture the unused anytime…there is no time limit.

  28. Abdulhameed

    Regarding the start date of counting 6 years…. is it the petition date in April or the approval notice date or the change of status date in October?

    Thanks.
    Abdulhameeed

  29. Raj Bala

    Thanks for the response. Yes, I understand I can go for cap exempt as I still have 1 year left. But my question is about filing a new H1B CAP petition this year so that I get a full 6 year again. I have stayed outside of US already during 2016-17 and will that suffice to apply a new H1B cap application this year ?

    1. administrator
      Kumar

      Raj,
      No, you will not get full 6 years, you can only use that for the remaining one year. You should start Green Card process and get I-140 approved to get that for more years and continue to stay in US.

  30. Raj Bala

    Hello,
    I was on H1B in the US from 2012 to 2015 (3 years). Then back to India on Jan 2016 and stayed till 2017 (2 years). Then , came back to US using re-capture time and stayed from 2018 to dec 2019 (2 years). Question is 1) Am I eligible to file a new H1B CAP FY20 petition as I have already stayed outside of US for more than 1 year during 2016 to 2017 ? or should the 1 year outside of US be considered from the last departure date which is 2019 DEC (so not eligible) ? Please clarify

    1. administrator
      Kumar

      Raj,
      you are cap exempt as you still have 1 year left. You get up to 6 years. The way you count is the time you actually stayed in US…

      1. Dheepu K

        I too have the same question. What does this mean “You get up to 6 years.” Is the H1B tesure gets reets or only the time frame outside US gets account for? Please clarify. Thanks in Advance.

        1. Dheepu K

          Typo Error. Posting the same..

          I too have the same question. What does this mean “You get up to 6 years.” Is the H1B tenure(6 Yrs) gets resets or time frame remaining is accounted for? Please clarify. Thanks in Advance.

          1. administrator
            Kumar

            Dheepu K,
            In general, the overall time duration someone gets H1B is for up to 6 years. They usually give 3 years and then given another 3 years.
            The time you spend in US on H1B is counted for the 6 years.

          2. Deepika

            Hello Kumar,
            Need your expert advise on the below.

            I got H1B in 2014 from company A. I went US and worked for 3 years. After that I came back to India. My H1B got extended till 2020 in US But not Stamped. After that I couldn’t find an another opportunity. I left Organization ,my H1B extension expired on jul 20 2020. Am I eligible for cap exempt through a new company ?

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