What are the rules for Renewing an expired H1B

USA H1B Visa
1

Hi Gurus,

I had an H1B from Employer1 which is expired in July 2011. I was in US for about 4 months during 2010-11 timeframe. And, I have full set of petition documents inlcuding I-797B form, my SSN etc & also have W2 form and US Pay Slips with me.

Now, I’m working for Employer2 in India. I know that I dont need to go through CAP. Here are the questions from my end.

(1) Can I renew it? It was expired in July 2011

(2) If I can renew through CAP-Excempt, what are the procedures? Can Employer2 or a new Employer3 can renew it?

(3) Since I stayed outside of US, will I be eligible to stay for another 6 years again (including 2 allowed renewals)?

(4) How long the normal renewal process take?

(5) What are the costs involved?

Expecting an expert comment on these queries. Thanks in advance :slight_smile:

Thanks,

Praveen

2

(1) Can I renew it? It was expired in July 2011

YES

(2) If I can renew through CAP-Excempt, what are the procedures? Can Employer2 or a new Employer3 can renew it?

YES, get a job in US and apply for h1 transfer…then get visa stamped

(3) Since I stayed outside of US, will I be eligible to stay for another 6 years again (including 2 allowed renewals)?

No, you need to be outside 365 days and apply new capped petition.

(4) How long the normal renewal process take?

4-6 months…premium processing ($1225) 15 days if no RFE

(5) What are the costs involved?

you should not be paying costs…it will be $5k

3

Thanks a lot for quick response.

I need a clarification on the (4). I left US in Mar 2011 and in india for more than 365 days now. Even in that case, I wont be eligible for 6 years. What would be my max allowed duration of stay in US if I renew my expired H1-B?

Also, I have another small question too. It would be nice if you could clarify that as well

(6) My H1-B was approved in July 2008 as per the I-797B form. So, I’m elibile for CAP-Exempt only until July 2014?

Thanks,
Praveen

4

I need a clarification on the (4). I left US in Mar 2011 and in india for more than 365 days now. Even in that case, I wont be eligible for 6 years. What would be my max allowed duration of stay in US if I renew my expired H1-B?

since you used 4 months it will be 6years- 4 months

(6) My H1-B was approved in July 2008 as per the I-797B form. So, I’m elibile for CAP-Exempt only until July 2014?

This is a rule but it is bit ambiguous . right now I am sure that you are eligible for cap exempt