Desperately need help. H1 cap exempt for remaining h1 years. Returned US after 6 yrs.

[ishagupta919]

I was in US on H1 as follows:
Employer A: October, 2005 to January, 2006 = 4 months
Employer B: March, 2006 to May, 2006 = 3 months
Employer C: May, 2006 to Dec, 2006 = 8 months (my h1 was approved till Dec. 2009 for employer C)

Then I left employer C job and left US on December end 2006.
So, TOTAL numbers of months worked on h1b in USA = 8 + 3 + 4 = 15 months

I stayed in India till July. 2011. I returned to the US on Aug 2011 on h4 visa. I have an employer who is offering me job now on h1 (change of status from h4 to h1). Since I used only 15 months on h1 earlier, so I still have remaining 4 years 9 months, that I can use, which will be cap exempt. I have following questions:

1) Is this cap-exempt valid for me to use before (Dec 2006 [i.e. last worked on h1] + 6 years = ) Dec 2012 ?
2) Is this cap-exempt valid for me to use before (Dec 2009 [i.e. last h1 approval period] + 6 years = ) Dec 2015 ?
3) Is this cap-exempt valid for me, even if I apply for h1 not now, but in 2020 (means any time)?
4) If new employer (who is e-verified) applies for h1, then can I start from the day, when receipt number comes?
5) If new employer applies for h1 and I start from the receipt number day. And USCIS takes 3 months for making decision and unfortunately it is denied, then will I have to return my 3 months salary to the employer?

Please don't confuse with fresh h1 clock reset as I was outside of USA for more than 1 year. I am not trying for fresh h1. I am trying to use remainder years of my previous h1 with cap-exemption. Remainder time can be used http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf

[qesehmk]

I will try but given you have a job offer in hand ... .its worth spending some money on lawyer.

I think cap-exempt applies to same employer i.e. C in your case. For another employer cap will always be there.


I was in US on H1 as follows:
Employer A: October, 2005 to January, 2006 = 4 months
Employer B: March, 2006 to May, 2006 = 3 months
Employer C: May, 2006 to Dec, 2006 = 8 months (my h1 was approved till Dec. 2009 for employer C)

Then I left employer C job and left US on December end 2006.
So, TOTAL numbers of months worked on h1b in USA = 8 + 3 + 4 = 15 months

I stayed in India till July. 2011. I returned to the US on Aug 2011 on h4 visa. I have an employer who is offering me job now on h1 (change of status from h4 to h1). Since I used only 15 months on h1 earlier, so I still have remaining 4 years 9 months, that I can use, which will be cap exempt. I have following questions:

1) Is this cap-exempt valid for me to use before (Dec 2006 [i.e. last worked on h1] + 6 years = ) Dec 2012 ?
2) Is this cap-exempt valid for me to use before (Dec 2009 [i.e. last h1 approval period] + 6 years = ) Dec 2015 ?
3) Is this cap-exempt valid for me, even if I apply for h1 not now, but in 2020 (means any time)?
4) If new employer (who is e-verified) applies for h1, then can I start from the day, when receipt number comes?
5) If new employer applies for h1 and I start from the receipt number day. And USCIS takes 3 months for making decision and unfortunately it is denied, then will I have to return my 3 months salary to the employer?

Please don't confuse with fresh h1 clock reset as I was outside of USA for more than 1 year. I am not trying for fresh h1. I am trying to use remainder years of my previous h1 with cap-exemption. Remainder time can be used http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf

[Kanmani]

If you choose apply under cap-exempt, you will be granted 3 years extension and 21 months (36 -15) in the second extension to complete the 6 year maximum limit.

Q1 &2 - I cannot understand.

Q3

Yes, it is valid to use anytime asper current regulations.

Q4

No . You cannot start working with a receipt , you must wait for the approval notice. Ac21 protects only H1b to H1b portability.

Q5

N/A ( see Q4 )

[CleanSock]

There is something called as H1 Reactivation. I know a person who worked for 2 years on H1 and then went back to her home country. She came back on H4, found a job and applied for reactivation. It is not considered under the cap so you can apply any time and are not restricted to applying in April of a particular year. I am not sure of the duration that they grant H1, but I believe you would get 3 years. Again, I am not sure about this.