Legal Question in Immigration Law in Georgia

I have been in USA from 2000 - 2005 on H1B visa and returned to my home country. My visa expired in 2006. Now I found that I can recapture those unused days. Can you please let me know whether I am eligible to file H1B cap excempt and recapture the days I spent out of US now ? Please suggest.


Asked on 3/10/14, 9:51 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You cannot recapture time if you are outside of the United States & you are not cap exempt, as those legal terms do not apply to your situation. However, you can reclaim the reminder of H-1B time not used previously. I would highly recommend that your U.S. petitioner hire an experienced business immigration attorney to handle the matter.

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Answered on 3/11/14, 10:40 am


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