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Applying for new H1B visa while already working in US on H1

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  • Applying for new H1B visa while already working in US on H1

    Hi,

    I am currently working on H1B, on which I have worked for 5 years.
    I spent an year back in India last year (from 22 January 2012 to 23 January 2013.)

    Can my employer file for a new H1B this year, on the ground that I have spent 365 days outside US ?
    Would I have to leave US in order to do so ?

    Thanks!

  • #2
    Unfortunately, that is not possible. The cap subject petition will have to be filed immediate after you complete 1 year outside and you traveling back to US in H1 status means that the 6 year period is not reset for you.
    This is my opinion and not legal advice.

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