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H1B Terminologies and current status

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  • H1B Terminologies and current status

    Hi,

    I am currently back in India and I am interested to go back to US.

    Find below a brief summary of my H1B

    · Petition was approved in Sep 2013
    · Got stamping done in Feb 2013
    · Initial validity period on stamping – 13 Mar 2013 to 11 Oct 2014
    · Travelled to US on 14 Mar 2014
    · Applied for a visa extension in June 2014
    · Revised visa validity period – 02 Oct 2014 to 12 Dec 2015
    · Came back to India on 23rd Dec 2015

    Based on the above, can you help me with the following questions?

    If I receive an opportunity after 1 year, can I use my existing H1B cap? Or should I go through the lottery system all over again?
    If I travel before 365 days, should I go for stamping again?
    How many years have I already spent on my H1B cap? Is the clock based on petition approval or visa stamping or I797?
    If someone asks me my current H1B status, what is the response I can give?
    What is the difference between petition, stamping on the passport, I94 and I797?

  • #2
    If I receive an opportunity after 1 year, can I use my existing H1B cap? Or should I go through the lottery system all over again?
    >>> You can use your existing H1B CAP.

    If I travel before 365 days, should I go for stamping again?
    >>> To travel to U.S, you need a valid H1B visa to be stamped in your passport. Not sure what visa stamping has to do with 365 days.

    How many years have I already spent on my H1B cap? Is the clock based on petition approval or visa stamping or I797?
    >>> Only the time spent in U.S in h1B (+ L1) status counts towards the 6 year period. Any time that you spent outside can be recaptured.

    If someone asks me my current H1B status, what is the response I can give?
    >>> You are not in H1B status (or any status for that matter) since you are outside U.S. But you have an approved H1B within the last 6 years. So the CAP from your previous H1B approval can be used to file a new CAP exempt petition.

    What is the difference between petition, stamping on the passport, I94 and I797?
    >>> These are very basic things. You should google or look up the information in immihelp under the visa section.
    Petition (I-129) - Filed by employer for an employee with USCIS. If approved (approval notice - I-797), then the employee can work for that employer.
    Visa - You need the visa to enter U.S. If you want to enter U.S in a H1B status, then you need to get the H1B visa stamped based on the approved H1B petition (I-797).
    I-94 - You will get one when you enter U.S. This will determine until when you can legally stay in U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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