H1 petition validity

[girinivas]

My previous stay in US was from Jul 2006 to Jan 2008. Nearly after 2 years I returned back for my this trip.

This time, I travelled to US by Dec 2009 with a petition valid until Jun 2010. Now I got it renewed upto Jun 2011.

My questions is related to how long I can stay in US with extending the petition.

1. Can I stay for 6 years from Dec 2009 (provided my visa extensions are approved)? Given that I have more than 365 days of break between my first and second trip?
2. Will there be any problem if I change employers now.

[shervin143]

1. Can I stay for 6 years from Dec 2009 (provided my visa extensions are approved)? Given that I have more than 365 days of break between my first and second trip?
>>> Was the second time H1B filed under a new CAP? If yes, then you will get a fresh 6 year period. If you utilized the CAP from the previous H1B, then the time spent on the H1B will be counted towards the 6 year period.

2. Will there be any problem if I change employers now.
>>> What kind of problems?

[girinivas]

Thanks for the response. More details below.

From what I understand it is not a fresh H1 cap. The petition was granted in 2007. I have renewed my petition once in 2008 and in 2010. In between I took a break for 2 years and was in India.

So will the 6 year length of stay be counted from Jul 2006 until 2012. Or since I have taken a break, it be from 2009 to 2015?

[shervin143]

Unless the new H1B is filed as a fresh H1B under a new CAP, you will not get a fresh 6 year term. After spending 2 years outside U.S, you should have gone for a new H1B that is subjected to CAP to get a new 6 year term.