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What happens to H1?

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  • What happens to H1?

    I have a H1B Visa currently. I might have to be outside of US for 2 years. When I return can I still use my same H1 or do I have to file a new one?

  • #2
    When the H1B petition expires, you will need to file a new one. Since you will be stay out for 2 years, apply for a fresh H1B that is subjected to CAP, which will earn you a fresh 6 year period on that H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks ..

      Thanks for your response.

      My current H1B period started in October 2006. Till this date I have been outside US for approx 4 months. I am on H4 since this year April. If I go out of US in Sep 2010 and want to return in Sep 2012., can I use my current H1 by recapturing all the time that I have been on H4 and outside US instead of applying a new H1?

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      • #4
        You will have to file a new H1B.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thanks, would it be the same if I want to return after one year?

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          • #6
            If the existing petition has expired bythat time, then YES.
            Not a legal advice. Use of this information is strictly at your own risk.

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