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Can I apply for H1B extension ?

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  • Can I apply for H1B extension ?

    Hello All,

    I completed 3 yrs of my first H1B after which I returned to India.
    My employer in India got me B1 visa (but I never travelled to US in this visa though) soon after that.
    Will I be eligible for applying H1B extension (second H1B) now ?
    Or the B1 visa that I obtained just after my first H1B will nullify my qualification for H1B extension ?

  • #2
    Originally posted by kv82 View Post
    Hello All,

    I completed 3 yrs of my first H1B after which I returned to India.
    My employer in India got me B1 visa (but I never travelled to US in this visa though) soon after that.
    Will I be eligible for applying H1B extension (second H1B) now ?
    Or the B1 visa that I obtained just after my first H1B will nullify my qualification for H1B extension ?
    The two visa types are independent. Using the old approved petition, any employer can file a cap exempt H1 petition for you within 6 Years of last H1 status and you should be able to apply for an extension for 6 Minus time already spent on that H1 petition.

    This is my opinion not legal advice.

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