Eligibility for H1-B remainder option

USA H1B Visa
1

Dear Sir/Madam,

I came to u.s in Jan 2008 on f1-status, got my masters degree in computer science in Aug 2010. I used opt till my h1b visa was approved in April 2011 and it was stamped in November 2011. I worked on the h1b visa till Nov 2012 and left the U.S in Nov 2012. I have been outside of U.S since Nov 2012 till now July 2016.

  1. Till when will I be eligible for H1-b transfer or the remainder option cap exempt on the previously approved H1-B visa in 2011? Is there a time limit? If yes does the 6 year time limit start from Nov 2011 or Nov 2012? Or till when do I have the time to apply for the transfer - Nov 2017/2018?

I do not want to apply for a new H1-b and go through the cap. I want to make use of the previously approved H1-B visa in 2011.

Thank you for your help.

2

The typical 6 year limit ends 6 years you leave US i.e. in Nov 2018. So yes, you can go for cap-exempt petition now.

3

Hi Saurabh,

Thanks a lot for your clarification on this.