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  • h1b renewal

    Hi, my h1b visa petition expired in sep/2008. And currently I am in l1b visa and staying in US from 2010. Is there any possibility to renew my h1b petition again. I have 2 more years available to reach my 6 years time frame. Please advice

  • #2
    Only the time spent in the US in H1 or L1 status counts towards the 6 year limit. Any remaining time can certainly be captured by filing a petition.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Only the time spent in the US in H1 or L1 status counts towards the 6 year limit. Any remaining time can certainly be captured by filing a petition.
      Thanks for your response. This means still I can renew my H1B petition any time and no need wait for the cap. My H1B petition expired in sep/2008

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      • #4
        Originally posted by kabkaba View Post
        Only the time spent in the US in H1 or L1 status counts towards the 6 year limit. Any remaining time can certainly be captured by filing a petition.
        Can you please advice if I can Renew my petition even though the petition expired in 2008 (from 2005 till 2008) without waiting for the 2013 cap.

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        • #5
          Yes, since it was filed within the last 6 years unless you have spent more than 6 years in the US in H1 + L1 status.
          This is my opinion and not legal advice.

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          • #6
            Originally posted by kabkaba View Post
            Yes, since it was filed within the last 6 years unless you have spent more than 6 years in the US in H1 + L1 status.
            Sorry to keep asking similar kind of query... but still i wish to be more specific on my query:
            my H1B visa stamping happend in Feb/2006 and expired in Sep/2008. Is this case still under within 6 year period in where i can renew my H1B petition? Please advice.

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            • #7
              Your previous H1 petition expired within the last 6 years. That makes you eligible for cap-exempt petition.

              You are eligible for a total of 6 years minus time spent in the US in H1+L1 status.
              This is my opinion and not legal advice.

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