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Regarding H1B Cap

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  • Regarding H1B Cap

    Hi,

    I currently have a H1B visa valid till the end of December'09. I lost my job in the US recently and decided to come back to India. I returned on the 15th June-09. I have used most of my 6 years of H1B visa, except for a few months (approx 6 months). I have a few questions regarding my H1B visa.

    1. Can I still use my current visa stamp to return to the USA before it expires, if I have a sponsor? OR, Do I have to go for stamping again at the local consulate here?

    2. If I have to appear for visa stamping again, then, will I be subjected to the annual cap as I have used most of my 6 years on H1B visa? I did my Masters in the USA and got my 2, 3 year visa extensions from my previous employer.

    3. Since I used most of my 6 years H1b visa, do I have to stay out of USA for atleast a year before I apply for new H1B visa? Will I be subjected to the annual cap in that case? As I mentioned before I hold a Masters degree from USA. Will this help?

    4. Will I be able to use the remaining months (6) on my present H1B visa to avoid applying for a new visa which might be considered under the annual cap? If yes, then please let me the know the procedure to do the same.

    5. What can be the best scenario for me if I want to get back to USA?

    I appreciate your help.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

  • #2
    1. You can use the same visa stamp as long as you have valid and approved H1
    from another employer.
    2. N/A
    3. You will get a stay up to total of 6 years, that means, whatever is
    remaining now. If you want new 6 years, you will have to stay out of the US
    for at least one year.
    4. Yes. Read previous answers.
    5. Get another employer to sponsor you.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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