clarification on H1b extension and new Petition

[needurhelp]

hello,

I need clarification on below situation

I am currently havaing H1B which expired on May 2009. I returned to India on Jan 2009. Now may employer is applying for extension of my H1B. So considering I applied for extension, I will only get the remaining period on my H1B (21months).

I am planing to travel After Jan 2010 (by then 1 year clock reset). So is it also possible to apply new H1B after Jan 2010 through another employer from US to get 6 years(as 1 year clock is reset).

Or i will have to apply from india after Jan 2010.

Can some one please suggest. based on this i will take decision which is the best option to travel.

Thanks,
kiran

[txh1b]

You have to spend 1 year outside US and have any employer file for a new H1b to get the 6 year term.

[needurhelp]

Thanks a lot for the replay,

But I am out of US for one year and now traveling on my old H1B and then want to apply new H1B from another employer from US.

So in that case will i get 6 years on my H1B

Appriciate your response

[txh1b]

If you are traveling on old H1b, you are using the remainder period of the H1b and not using a new 6 year term.

About getting a new H1b through a different employer for a 6 year term, talk to a lawyer as it seems like a gray area to me.