H1B Remainder Period

[john81]

Hi,

I had an H1b visa issued and was valid from 2005-apr 2008 .

I was in the US for a breif period of 8 months from Oct 2007-July 2008 . My visa has expired now and I came back to India in July 2008 and its been more than a year since I am out of the US.

My questions are
1.Can my current employer (the same employer who filed my earlier visa) file a new H1 and if so is this visa cap exempt?
2. If so whats the option in form I129 that needs to be selected to avail this cap exemption and apply for the remainder period
3 . Whats the remainder period ? 6 yrs - my stay in US ie 8 months or only 3 years
4. Can a new employer file for my H1 ? If so is even this cap exempt if I file for the remainder period?

I don't see any option in the form I129 where I can claim for the remainder period?which is the option ? Please help me out.

 

[manwithnoname]

Your employer can recapture the unused time during the 6 year limit and apply the visa for yourself. Other option is to file a new H-1B, provided you stayed outside of the US by more than a year from the employment start date. The latter is subjected to quota.