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  • New H1B

    I went to USA in Oct 2005 on H1B, worked there until Feb 2009 as I moved to Australia in Feb 2009 on a diffrent Job. My H1B stamp is good for until Oct 2011. Its been close to 8 months since I left USA and my employer has cancelled my H1B.

    I have been offered a Job with a company in USA and they have asked for my documents ect. My first question is:

    They will be filing for the new H1B, my question is can they file my new H1B visa and for what duration as my term for the previous H1B is still valid ie Oct 2010 though my employer mentioned to me that they have cancelled my Visa. I am reading on the immigration related sites that you have to complete total one year outside of USA after completing the full term of H1B ie 6 Years. In my case I have not compled the full six years.

    Question 2:

    Do I need to complete six years + 1 Year (outside USA) to go for new visa as you can see I still have 2 years left on my original H1B. Even if they file new H1B will its term be for 6 years or until Oct 2011 only.

  • #2
    Please read the FAQs.

    Two options. Remainder (6- whatever used) or fresh H1b after staying outside US for 1 full year (New 6 year term).

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      New H1B

      Thanks for your prompt response. Does that mean I can get the stamping in January 2010 for new H1B and In February 2010 when I complete 1 year period outside USA I can start working in order to avail 6 years period.

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      • #4
        new H1B

        Can you please answer my second question:

        Thanks for your prompt response. Does that mean I can get the stamping in January 2010 for new H1B and In February 2010 when I complete 1 year period outside USA I can start working in order to avail 6 years period.

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        • #5
          It is better you attend for the stamping after completion of the one year term.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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