H1B VISA validaity count for 6 years question

Hi Saurbh,

I had H1B visa petition in year 2006 May Approved and it was valid till May 2009.

I had VISA stamping around Oct 20th 2006 and also traveled to US for about 8 months.

After that i had returned to India in 2008 for more then 1 year.

Then again traveled in Jan 2010 on L1-B VISA and stayed is US till my L1B I-94 validity(Apr 2013).

Later on while in US, i had applied for L1A (Conversion from L1b) from same Company and had got RFE and later on denied.

Now i am back in India from June 2nd week.

Now question is can i use my old H1B petition with new employer and submit for CAP exemption?

Or I cannot MY H1B petition , as it is expired now? 

But i never used 6 years of H1B petition.

Please clarify my doubts.



You can go for cap-exempt petition within 6 years of original H-1 petition. My understanding is that it is 6 years from the date you left US on H-1, in this case 2008. However, you should confirm w/ an attorney about this.

You can spend at most 6 years inside US on H-1 and L-1 visas. So you will not get 6 years on H-1 but 6 years minus time spent inside US on H-1, minus time spent inside US on L-1A/B.