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H1B 6 years limit question

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  • H1B 6 years limit question

    Hello
    I was in USA from July,2009 to December,2011 on L1 B visa and then went back to India last week of December,2011. Stayed in India for complete 2012. Came back to USA in January,2013 on new H1 B visa and stayed till now.
    Question- Do I have 3 Years and 4 months remaining on my H1 B visa ?
    Did my max out counter (6 years limit) reset because I stayed outside USA for 1+ years in 2012?

  • #2
    Yes. If your H1B was filed under a brand new CAP (quota) with an employment start date of Oct 1st after staying outside U.S for 1 whole year, then your H1B clock would reset.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Yes. If your H1B was filed under a brand new CAP (quota) with an employment start date of Oct 1st after staying outside U.S for 1 whole year, then your H1B clock would reset.
      Yes, H1B was filed under a brand new cap in 2012 and I was in India at that time; just that it was filed by the same employer.

      Thank you for help Shervin.

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      • #4
        Originally posted by Nand_help View Post
        Yes, H1B was filed under a brand new cap in 2012 and I was in India at that time; just that it was filed by the same employer.

        Thank you for help Shervin.
        Was it filed before you completed 1 Year outside stay or before 1 year outside stay? I believe it was filed in April 2012 for a start date of Oct 2012, which is before your 1 Year outside stay period.

        This is my opinion not legal advice.

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        • #5
          Originally posted by raghvi View Post
          Was it filed before you completed 1 Year outside stay or before 1 year outside stay? I believe it was filed in April 2012 for a start date of Oct 2012, which is before your 1 Year outside stay period.

          This is my opinion not legal advice.
          It was filed in the same year I was outside US. I.e. In year 2012 but I came back in US after Completely 1+ year outside.

          What happens in this case ?

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