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  1. #1

    Default Can I extend/reapply H1-B once it is expired & while I am in india

    Hi All,

    I would like to know the process of extending/reapplying for H1-B visa. I was holding H1-B visa (AUG 2009-JUL 2011) and I am having full set of petition document along with I-797B form with me. My H-1B got expired on 20 JUL 2011. It would be nice if you can answer the below queries.

    (1) Since my H1-B expired in July 2011, can I apply for extension?
    (2) I came back to india in Mar 2011 and its been more than 1 year outside of US. So, will I need to apply for a fresh one?
    (3) One of the employer (not my current employer) is saying that, since I hold I-797B form with me, I need not go through the CAP and can reapply anytime. Is it true?
    (4) If this is possible, will it be another fresh 6 years or the reminder of the initial one (3+ years of 6 is already done, first issue date was AUG 2009)

    It would be nice if someone can answer these queries. Thanks in Advance.

    Thanks,
    Praveen
    Last edited by praveenkaruthedath; 04-04-2012 at 01:06 AM.

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    (1) Since my H1-B expired in July 2011, can I apply for extension?
    >>> Yes. A petition need to be filed by the employer and when the petition gets approved, you can appear for the H1B visa interview again.

    (2) I came back to india in Mar 2011 and its been more than 1 year outside of US. So, will I need to apply for a fresh one?
    >>> If you haven't used all 6 years in the previous H1B CAP, then any employer can use that CAP to file a new petition and request an immediate start date. You will get only 6 year minus whatever time that you have already spent in U.S in H1B + L1 status if you use the old CAP. However, since you have spent 1 year outside U.S, you are qualified to file the petition under a new CAP (with H1B effective date of Oct 1st or later) which will get you a fresh 6 year term in H1B.

    (3) One of the employer (not my current employer) is saying that, since I hold I-797B form with me, I need not go through the CAP and can reapply anytime. Is it true?
    >>> Yes. Read the above answer.

    (4) If this is possible, will it be another fresh 6 years or the reminder of the initial one (3+ years of 6 is already done, first issue date was AUG 2009)
    >>> Read answer to question 2.
    Not a legal advice. Use of this information is strictly at your own risk.

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