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H1B - 6 Year Clock Reset

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  • H1B - 6 Year Clock Reset

    Hello,
    I worked in the USA on H1B from MAY 1998 to OCT 2002.
    In that period, stayed outside USA for 6 months from OCT 1999 to MAR 2000.

    Held multiple H1B petitions during that time (not simultaneously). My last H1B petition was valid until JAN 2004, but I permanently left USA in OCT 2002.

    If I apply for a new H1B in the APRIL 2013 quota, will I be considered only under the quota OR will I be granted a H1B for 6 yrs minus the time already spent in USA ?
    OR
    Will this be considered as a new H1B ignoring my previous stay in USA and the 6 yrs H1B clock starts with this new H1B.

    Hope this question is clear. Would greatly appreciate the answers. Thanks.

    Regards,
    back2usa13

  • #2
    Originally posted by back2usa13 View Post
    Hello,
    I worked in the USA on H1B from MAY 1998 to OCT 2002.
    In that period, stayed outside USA for 6 months from OCT 1999 to MAR 2000.

    Held multiple H1B petitions during that time (not simultaneously). My last H1B petition was valid until JAN 2004, but I permanently left USA in OCT 2002.

    If I apply for a new H1B in the APRIL 2013 quota, will I be considered only under the quota OR will I be granted a H1B for 6 yrs minus the time already spent in USA ?
    OR
    Will this be considered as a new H1B ignoring my previous stay in USA and the 6 yrs H1B clock starts with this new H1B.

    Hope this question is clear. Would greatly appreciate the answers. Thanks.

    Regards,
    back2usa13
    2002 was over 11 years back. You would be subject to new cap and it will be considered fresh H1 visa and if approved you should get entire 6 years.

    This is my opinion not legal advice.

    Comment


    • #3
      thanks Raghvi.

      Comment

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