回复：在过去六年内用过H1B名额的人士，办理H1B是无需占名额的_真的吗？

My case is as follows:

 

1.     worked in the US on H1B Nov 2001 to Nov 2007

2.     moved to Asia Nov 2007 to comply with the 1 year stay outside the US because we did not make it to file the H1B extension 365 days before the expiry date of my H1B then

3.     worked for the same company’s Asian branch and tried to come back to the US on L1A; then financial crisis hit the employer and the plan of L1A had been blown away

4.     around August 2008, the attorney of the employer informed me that my case on LC PERM was approved (while I was in Asia already); but I can’t use it either because the employer became under TARP already shortly after that

5.     left the old employer in Dec 2008.

 

I try to go back to the US on H1B (for any company, including the very old employer which is now under another parent group and allowed to sponsor H1B as well).

Is my H1B counted against the quota cap of 85,000? Or is it considered a transfer of H1B?

 

I ask this question because I happen to see a message in wenxuecity saying ‘在过去六年内用过H1B名额的人士，办理H1B是无需占名额的。’

-That means the 6 year H1 duration was not used up yet. For example, one person worked with H1 for 4 years and then, changed status to F1, then after he graduated, he can work for H1 for two years without getting a new H1 quote.

 

by 陈帆联合律师事务所 in the article of ‘H-1B名额用光的原因探讨以及对策’.

 

How do you interpret this statement? It seems against my understanding so far.

-You had used all of the 6 year duration of the old H1 from Nov. 2001 to Nov. 2008. So, you need to get the new H1 quote unless you will work in a college/university or non-profit organization. The article you cited does not apply to your case. You only can work in a industrial company on Oct. 1, 2012  or later.