QUESTION

Can my expired H1-b visa be reinstated?

Asked on Sep 28th, 2015 on Immigration - Illinois
More details to this question:
I worked in US from Jan 2009 to Jan 2013 and came back to India for Masters. My Visa expired on Oct 2013. Now since I did not utilized my VISA fully, is there a way to reinstate my VISA, if so how? I heard of cap exempt. Is it applicable here?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In your situation, you do appear to be cap exempt if you wish to use the other two years of H-1B eligibility. You have to go through the H-1B process all over again. The only difference is that you would not have to  establish eligibility under the H-1B visa lottery and could file at any time that you have the proper situation. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 26th, 2015 at 12:56 PM

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