H1 B Cap Issue on old expired H1B reinstate

R

rakesh34

New Member
I have applied for H1B in 2005 and got approved and it is valid from Jan 2006 to Sep 2008, but i didn't used this H1B, due to health problems and i have changed my status to h4B through COS.

currently am on H4B my question is :

can i reinstate my old H1B which is about to expire in Sep 2008 ? when i try to reinstate will it come under H1B cap ???.

can i reinstate my old H1B ( which expires on sep 2008), after it expires. ? i wanted to reinstate in January 2009.

first of all is it possible to reinstate a H1B before or after it expires ? if Yes, does it come under quota again ???
 
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Time spent on H-4 is not counted against the 6 year limit of H-1 visa. So, you should be able to extend the H-1B with an intended start date of January 2009. For additional information please read here.
 
Thank you "manwithnoname" for your help . I have one more question to you

------------------------Issue ---------------------------------------------
I have applied for H1B in 2005 and got approved and it is valid from Jan 2006 to Sep 2008, but i didn't used this H1B, due to health problems and i have changed my status to h4B through COS.

currently am on H4B, which will expire on Aug 24, 08 :
-------------------------------------------------------------------------

Actually am planning on a visit to India in Sep 2008 , If i apply for "change of status" now to H1 and get approved H1B then i need to enter US on H1B, It will be difficult to get H1B visa in India, without W2(S) and payslips. so i want to avoid H1B visa stamping risk in India , but i want to get stamped on
H4B and come back in January on H4B and then apply for change of status from H4B -to H1B based on H1B which will expire by then .

My question here is :

Can I apply for change of status from H4 to H1 even after H1B validity ( i.e Sep 2008 ) expires ???

My main intention is to avoid H1B stamping in India when i visit Inida in Sep/Oct 2008, and avoid back and forth status changes from H4 to H1 before i go to india and then when i come back again in January 09 i need to change from h4 to H1, because am confident that it will be difficult to get H1B in india without proper payslips and W2(S), that is why i wanted to get stamped on H4.

Thank you for your help.
 
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In your case, don't apply for change of status to H-1 now. Instead, you can travel and return on H-4. Next, file the change of status, once approved, use the new I-94 (provided along with the H-1 approval notice) to start working. It seems that you haven't used any of your time in H-1. While extending the H-1 please recapture the time spent on H-4 - that should work. Have you talked to your employer's lawyer?
 
We did talk to couple of desi employers, and my husband GC Attorney, most of them expressed same view, that i should apply for change of status, but we were in dilema because i need to go to India in Oct 2008 and come back in January 09.

this unsused H1B ( not on any payroll ) is expiring in Sep 2008. So if i need apply for change of status before January 09, i have to apply for too many status changes back and forth from h4 to h1 ( now) and then again from H4 to H1 ( once am back in US) due to my India trip and H4B stamping in India and I cannot leave US early while "change of status" to H1B is in process.

All headache goes off "If am eligible to apply for a new petition as a "change of status" based on old and expired ( it will expire by then, because valid only till Sep 2008)
H1B approval ( not on any payroll) once am back from India in January 09 ".

If it is possible with out any glitches , am really lucky ... please comment on my plan which am going to execute next year.

thank you for support "manwithnoname", you have been a great help. !!! Not only for me but also for many people in this forum !!!!!
 
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Help needed to find consultants

Dear all,

Looking at this forum, I have a feeling my H1B that was valid from 2003 to 2006 January, can be used. Earlier it was filed by Infosys. However I did not travel on it. Later I travelled on L1.

My problem is different. I have asked two consultants to find out about it but they seem to have gone into inertia and have no clue about it.

Can anyone here please suggest a cosultant who has already done something like this and he doesnt need to 'check with attorney'?

Your help will be HUGELY appreciated.

my email is abhishek01@gmail.com
 
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