# H1B expired , can it be renewed



## manu2029 (Nov 20, 2012)

Hello.

I had a H1b from 2007 -2010 with company ABC. With that I worked in USA from Feb 2008 till Aug 2009 after which I returned to India.

Now my question is, can this H1b which still has about 4.5 years left be renewed in 2012.

Also My current employer XYZ again applied for H1b in 2010 which was rejected. Will this affect the H1b renewal of my other H1b.


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## twostep (Apr 3, 2008)

I am confused about the scenario you posted.H1B is tied to a specific position within a company. You leave the job - you loose the H1B.


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## danielh (Dec 15, 2012)

Yes it is tied to a specific company


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## manu2029 (Nov 20, 2012)

twostep said:


> I am confused about the scenario you posted.H1B is tied to a specific position within a company. You leave the job - you loose the H1B.



Thanks for your reply. 

You are correct. If I have a H1B with a company ABC , I lose the H1B when I quit company ABC. 

But say the H1b was issued with validity 2008-2011(3- years). After 3 years in 2011 , a second company can renew this same H1B. 

I am sure about this as my 2nd company XYZ's immigration lawyer asked me in 2011, if I wanted to renew the OLD H1b or want to apply for a fresh one. I went for a new one because the quota of 60k was still not exhausted during that time.

Now I have come across a situation where a 3rd Company wants to renew my OLD H1B which still has some years left it it and they said it is possible.

So I am confused if this is possible now.


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## twostep (Apr 3, 2008)

Maybe you may want to make up your mind first - AZ, AU, USA ...


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## manu2029 (Nov 20, 2012)

twostep said:


> Maybe you may want to make up your mind first - AZ, AU, USA ...


Here are my preferences. 
1) USA
2) AU
3) NZ 

But why do you want to talk this here?


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## masiddiqui (Dec 16, 2012)

3rd Company should be able to xfer your H1b from company ABC, please consult an immigration attorney.


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## Davis1 (Feb 20, 2009)

If an H-1B worker is laid off for any reason, the H-1B program technically does not specify a time allowance or grace period to round up one's affairs irrespective of how long the H-1B worker might have lived in the United States. To round up one's affairs, filing an application to change to another non-immigrant status may therefore become a necessity.

An H-1B worker who is laid off and attempts to find a new H-1B employer to file a petition for him is considered out of status if there is even a one day gap between the last day of employment and the date that the new H-1B petition is filed. While some attorneys claim that there is a grace period of 30 days, 60 days, or sometimes 10 days, that is not true according to the law. In practice, USCIS has accepted H-1B transfer applications even with a gap in employment up to 60 days, but that is by no means guaranteed.


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## masiddiqui (Dec 16, 2012)

Davis1, out of status would have been applicable if manu2019 had stayed in the USA after completing work of company ABC. He had stated "With that I worked in USA from Feb 2008 till Aug 2009 after which I returned to India." If he is currently in India with a valid H1b Visa on his passport which company ABC has not got cancelled yet, 3rd company should be able to apply for transfer without waiting for the next quota of H1b. Again, an immigration attorney opinion should be sought in this case.


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## Pinkjellybean (Aug 5, 2011)

There is no such thing as an H1B Transfer.

If the OP was currently in the USA working with a valid H1B, another company could apply for an H1B, as long as the job is more or less the same as the current H1B. The only differences in the process are that it is exempt from the annual quota and that the person can start the new job as soon as USCIS has accepted the application. If the job isn't very similar then it comes within the normal quota.

As the OP left his job with the original H1B over 3yrs ago, the process above won't apply anyway as it's been far too long. On a positive note, if the OP gets a new H1B the 'clock' should reset giving him a possible 6yrs (including extensions).

Been there, got the t-shirt a couple of months ago


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## masiddiqui (Dec 16, 2012)

Thanks Davis1 and Pinkjellybean. That was enlightening.


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## manu2029 (Nov 20, 2012)

Thank you everyone for your valuable comments. I did some research and found this in USCIS website. This is one of the case when someone gets cap exemption. Its a lengthy clause but explains my question. 

_"(14) H-1B “Remainder” Time [Chapter 31.3(g)(14) added 12-06-2006] : USCIS officers shall comply with the following guidance regarding requests for time in H-1B status on the behalf of an alien who has not exhausted his or her H-1B maximum period of admission and who has been absent from the United States for longer than a year.

There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either to:


· be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted; or


· seek to be admitted as a “new” H-1B alien subject to the H-1B cap.


NOTE: This new “remainder” policy does not affect an H-1B alien who was previously admitted to the United States, but who has not been absent from the United States for more than one year. Such an alien would not be eligible for a new six-year period of admission and therefore may only seek readmission based on time remaining against his or her initial six-year period of admission.


Specifically, the “remainder” period of the initial six-year admission period refers to the full six-year period of admission minus the period of time that the alien previously spent in the United States in valid H-1B status.


For example, an alien who spent five years in the United States in H-1B status (from January 1, 1999 - December 31, 2004), and then remained outside the United States for all of 2005, could seek to be admitted in January 2006 for the “remainder” of the initial six-year period, i.e., a total of one year.


If the alien was previously counted toward the H-1B numerical limitations in relation to the time that has accrued against the six-year maximum period of admission, the alien would not be subject to the H-1B cap.


If the alien was not previously counted against the H-1B numerical limitations (i.e. because cap-exempt), the alien will be counted against the H-1B cap unless he or she is eligible for another exemption.


Alternatively, admission as a “new” H-1B alien refers to a petition filed on behalf of an H-1B alien who seeks to qualify for a new six-year admission period (without regard to the alien’s eligibility for any “remaining” admission period) after having been outside the United States for more than one year.


For example, the alien who spent five years in the United States in H-1B status (from January 1, 1999 - December 31, 2004), and then remained outside the United States for all of 2005, is eligible to apply for a “new” period of H-1B status based on his or her absence of at least one year from the United States. Most petitioners electing this option will seek a three-year H-1B petition approval, allowing for the possibility of later seeking a three-year H-1B extension.


“New” H-1B aliens are subject to the H-1B numerical limitations unless they qualify for an exemption. See Sections 214(g)(1) and 214(g)(5) of the INA.


Note: T he burden of proof rests with the alien to show that he or she has been outside the United States for one year or more and is eligible for a new six-year period, or that he or she held H-1B status in the past and is eligible to apply for admission for the H-1B “remainder” time. Petitions should be submitted with documentary evidence of previous H-1B status such as Form I-94 arrival-departure records, Form I-797 Approval notices and/or H-1B visa stamps ."_


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## MoveToAussie (Oct 22, 2012)

You can only transfer your H1 when you are currently employed in the US and are on the payroll. Once you have a break in the payroll, H1 is not considered valid, anymore. Also, even though the transfer is related to your existing H1, technically it's a new H1 with a new employer. Only thing is - it is not counted towards the per year H1 cap.


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