H-1B “Remainder” Option

[ssh1b]

I was in US in cap subjected H1b visa during 2000-2001.Then I moved to India.
I used the H1 for only one year.Under remainder option,can I reuse the previous H1b visa.If I apply new h1b visa using the remainder option,will my h1 not be subject to cap this year so that i can use the remainder of the previous visa.

C. H-1B “Remainder” Option
There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either (1) to be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap.
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[nscagony]

No. The previous H1B becomes void after one year. You are subject to the cap.

 

[GotPR?]

Talk to a lawyer.
Being away from the US more than a year alone does NOT void H1. Howevre, words in INA is "if one was on H1 last 6 years, one is not subject to quota". Since your last H1 was more than 6 years ago, it does not exactly fit what INA says, so that you may need a bit liberal interpretation of law, hence need lawyers.



(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

 

[GotPR?]

No. The previous H1B becomes void after one year. You are subject to the cap.

USCIS's memo disagrees.

 

[ssh1b]

Thanks for your reply.So i should apply a fresh H1 subject to cap this year.
Last year I applied h1 but I was not selected in the H1b lottery. So this year also it depends on the lottery chances.

 

[GotPR?]

As I said, you should talk to a lawyer.