How can I use my H-1B under cap-exempt after more than 6 years from initial approval? - EB5Investors.com

How can I use my H-1B under cap-exempt after more than 6 years from initial approval?

I got my H-1B in 2015 at company X. In 2018, I got it transferred to company Y (my current employer) using cap-exempt and also got it stamped until July of 2021.
In 2019, it was amended again at my current organization only. I never travelled to U.S. using this H-1B. How will I be able to use this H-1B under cap-exempt after October 2021 as it will be more than 6 years from initial approval? Do I need another extension and amend it again?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can recapture all the time spent outside the U.S. if the employer reaffirms and there are no other restrictions, you should be able to use it to enter the U.S.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, I believe that you can keep renewing if working for cap-exempt employer. Still you would need to verify or have your employer start the green card process for you.

Dale Schwartz

Dale Schwartz

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can extend your H-1B for a total of 6 years that you have been inside of the U.S. If you were not in the U.S., your employer can apply to extend it for the balance of the 6 years time.

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