Legal Question in Immigration Law in California

I had received an approval for H1B visa in Oct 2005. The H1B was approved for the period of Jan 31, 2006 to 2009. I worked on H1B visa from Jan 2006 to Nov 2006 and then later moved out of the country. After 2007 I have visited US several times on a tourist visa. Please let me know if

1. I can file for H1B under the cap-exempt category to reclaim my unused H1B period or

2. I will have to file for a fresh H1B and be counted against the 2014 cap.

Also, please let me know the attorney fee for H1B processing.


Asked on 2/18/14, 1:02 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You can apply to utilize the "remainder" of your H-1B visa. This is different than being cap-exempt, though.

I highly recommend that your petitioner-employer hire an experienced immigration attorney to deal with this matter.

Every attorney charges a different fee, so I cannot advise you on attorney's fees for H-1B cases. The employer-petitioner can contact immigration attorneys for quotes.

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Answered on 2/18/14, 4:00 pm


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