Hi, I graduated on my MS in 2009 and received h1b status in 2011. I did not file for I-140. I just worked for just 1 and a half year on my h1-b and then in 2012, I moved to Canada. Now my question is can I still use my remaining h1b period to come and work in the USA?
So, does it has to last 6 years or beyond that? I mean I got My H1b in 2011. SO can I use it ONLY until 2017 or can I use it after that as well, say 2018 or 2019
You last held H-1 status in 2012, so you are cap-exempted for 6 years from that date, which is until 2018.
Thanks for answering…I think we can capture anytime…not necessarily under 6 years. Please see below link:
So what Murthy attorneys are saying is that USCIS generally denies exemption requests filed after 6 years. However, based on their own research they are able to argue that it should not be denied. They haven’t published what their response to USCIS is. So unless your attorney is as smart as them, they will not be able to counter argue such denials.