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New H1 while on H1.

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  • New H1 while on H1.

    I stayed 3 years on H1 and went back to India and stayed there around 2 years. Again I have come on the same petition and have got another 3 years of extension (in the 6 years cap).
    1. Since I stayed out of country more than 1 year, so can I apply for fresh H1 before current petition expires?
    2. If I can able to apply and get (lucky) it approve, shall I continue to work on new H1 without staying out of US? if, how long?
    3. If above answers are NO, then when I can apply? assuming in 2017 current H1 expires.

    thanks

  • #2
    1. No.
    2. N/A
    3. After 1 year gap after your current H1 expires.

    Below thread may be helpful please read,
    http://www.immihelp.com/forum/archiv...p/t-97270.html
    This is not a legal advice. Use at your own risk.

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    • #3
      In order to get a fresh 6 years period in H1B, you need to stay out of U.S for 1 year and then file a fresh H1B under a brand new CAP (Quota).

      Originally posted by tegg View Post
      3. If above answers are NO, then when I can apply? assuming in 2017 current H1 expires.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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