H1 first term expired.Used 2 yrs only. Can I file Extension after changing comp A to B?


This forums is immensely helpful. Hats off to the people who manage.

My question is: I have H1b used from 2013 to 2015 for 2.5 yrs and used first term from comp A and returned back to India before expiry. Now If i switch to comp B, will I be eligible to cap exempt and file new petition from comp B to use rest of 3 yrs ? I believe it will be fresh petition and stamping but cap exempted.

Will there be any period before which i should file extension visa it?

Also one follow up question is …Because of some obligations i cant travel soon(1 yr), but will travel …question is about switch comp timings…

is it suggested to get extension filed from Comp A? and switched to comp B and file transfer to B and then travel?


Just switch to other comp B and file extension and transfer from comp B and then travel.

Will that make any difference in approval…?



B can file a cap-exempt petition for you. You still have 4 years of H-1 left (total allowance of 6 years minus 2 years already used)

This petition needs to be filed within 6 years of leaving US.

Both options are available - extension through A or extension through B. Chances of approval will depend upon the submitted documents for A or B.