Final Countdown: H1B Time Limits
"6 years." Get this stuck in your head. Recently I received the following question: "My old H1B visa was valid from December 2008 to September 2011. I only physically stayed in the U.S. on that visa for 9 months. Now I want to apply for another H1B visa. Am I eligible for H1B cap-exempt?" Answer: You are always eligible for a cap-exempt H1B. That means your petitioning employer is a nonprofit or educational institution, and for that there is no deadline or lottery. I assume your old H1B was cap-subject? If you are interested in another cap-subject H1B visa, then it appears the 6 year time limit has expired from your old visa and it can no longer be transferred to a new employer. It's important to maintain constant awareness of one's time on H1B. As you approach 5 years, so too does the H1's "final countdown." An employer must now submit a fresh petition on your behalf for a new cap-subject H1 next year, wh...