H1B Recapture

Present law allows you the opportunity of either recapturing the time that you have left on your initial H-1B or applying for new six-year H-1B subject of course to the H-1B cap unless you are being petitioned for by a cap-exempt institution. In order for you to recapture, an employer would have to file for your new H-1B and the burden of proof would be upon you to show that you did not use up all 6 years. 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