Reclaim unused years on H1b by applying H1 under cap exempt

Walmart.com ⛔
Apr 11 7 Comments

Has any of you had a H1 over ten years back and used only few months out of six and went out of the States for many years and now want to reenter . Can you now apply for H1 under cap exempt to claim the remaining time or is it way too late?

Googled and the opinion seems divided. Some say you can others say it's possible to claim remainder time only within six years or H1.

Any inputs from people here who have gone through this themselves or know someone personally who went through this will be helpful, before I talk to my attorney and try to convince him.

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TOP 7 Comments
  • Amazon / Data
    Rocketier

    AmazonData

    PRE
    AIG, Citibank, CSC, Symphony
    Rocketiermore
    Yes you can. I was on H1B initially from jun 2008 to dec 2010 and then wrnt back to my home country. I came bavk to US on F1 after 4 5 years and then my H1 was applied just to reclaim the years I had available on my original H1B
    Apr 110
  • Amazon / Data
    Rocketier

    AmazonData

    PRE
    AIG, Citibank, CSC, Symphony
    Rocketiermore
    I don't think that is the case. My h1b reclaim happened when 6 years from the initial approval had already passed
    Apr 113
  • Walmart.com ⛔
    OP
    May be it was possible in the past. Looks like these days, things have changed. A quick Google search on this throws up what systest posted..6 yrs rule. No one knows for sure .😪😪
    Apr 110
  • Dropbox systest
    You have to come back within 6 years I think.
    Apr 110

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