Immigration Issues/H1 Visa Question


I was on H1 visa from April 2000 to August 2001 and then I converted to F1 visa from August 2001 to may 2007 and now applied for OPT from July 2007.

My employer has filed for my H1 visa. My question is that

a) Does my employer have to apply a fresh H1? will I be subjected to a cap?

b) As my old H1 is expired, can I renew it as I had used it for only one year and I still have 5 more years in it?

Please reply,

With best wishes,


I do not have a clear answer to your question. However, when based on regulations such as AC-21 extension beyond 6 years, recapture of H-1B period etc. I think the answer is that UCIS will give you the balance of time left in H-1B status and you will not be subject to the cap even though you were last counted over 6 years ago.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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