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Expired H1 cap exempt - Does time abroad get counted?

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  • Expired H1 cap exempt - Does time abroad get counted?

    Hi,
    I left US three years back and had 15 months left on H1. Recently got in touch with a consultant willing to take up my H1B. Now he says that I will get more than 2 years of time on my H1B since I left US.
    Is this true? Plz note that 15 months left is after counting any time spent abroad.
    Thanks,
    Sayali.

  • #2
    No. If you use the same CAP, you will get only the remaining time on that H1B. Your H1B clock will be rest only if you apply H1B under a brand new CAP.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the reply. That's what I thought but he seems pretty insistent.

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