Recapturing the H1-B time

[abeers]

I came to US in Aug 1997 on H1B visa through a company A and resigned and moved to Canada in May 2002, became Canadian citizen and moved back to US and working on TN Visa for company B since July 2006. Since I stayed outside for more than a year, I'm elgible for a new H1B petition, but due to lottery thingie it's not gaurateed. So, I would like to know if I can use my unused H1-B time (about 1 year) by applying for recapture through company B (palnning to apply for GC). One attorney mentioned that I can apply for recapture only if I'm working for company A not through any other company. Can some one know, if I can recapture my left over H1B time through any other company. Thanks for you help in adavance.

 

[DMX]

I think you can use the remainder option to get the remaining time for any employer and not necessarily only Employer A. The burdon of proof, however, rests on the beneficiary (you). You will need the old I-797 copy or H1 visa stamp or H1 I-94 copy to prove that you were already counted in the cap in the past.

To get H1 extensions beyond six years, you will need to get your GC process started ASAP. Just a side note.