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What is the process of reclaiming unused H1B time?
Anonymous3 views3 answers
Hi there. I got an H1B approved in 2008. I only worked for the company in the US for 6 months after which I moved to their London office. I now want to work for another company in the US. What is the process of doing this? A petition needs to be filed, yes? If so, at what time and is it subject to the cap? Technically I am entitled to the 5.5 years left on my H1B, yes?
Many thanks,
Heleri
Your employer needs to file an I-129.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
You can just file a new H-1B application. You will get 3 years of H-1B because your 1st three years expired on 2011, and I assume you did not renew your H-1B status. When you renew, you may ask USCIS to recapture the time spend out side of the U.S. which is 2.5 years.
