new H1 petition?

[xyztroy]

Hi,

I had H1 visa on which I spent around 4.6 yrs in US before I returned back to India in March 2011. Now I have joined another company which is going to file non-exempt H1 usingmy previous H1 petitionon, although the I797 is expired. So I understand that I will get only around 16 months the time left on this petition. I just wanted to check whether my current employet can apply another new H1 in 2013, if they want to extend my assignment beyond 16 months.

I meant, I go to US now using my old H1 and then can they file another H1 in April 2013 because there has already been a gap of more than 1 yr since the time I left US.

Thanks

xyz

[kabkaba]

First of all, that petition will be cap-exempt and not non-exempt.

If you travel to US using this petition, you will again need to spend 1 year outside the US before a cap-subject petition can be filed. Cap-subject petition can give you fresh 6 years.