H1B: Status 1 year outside US

[maximus]

I'm a citizen of India. I studied in the US and then was on H1B in the US for 3 months. Then I came to India on vacation and filed for H1B stamping at the US consulate here in India. I received a 221g green form from the consulate asking for more documentation from my employer which was submitted accordingly. Now it's been almost an year and I've not received any response form the Embassy.

Although I'm aware that stamping would be based on embassy's decision, my concern is that if I'm out of the US fro more than 1 year will my H1B visa expire? I've heard that if 6 years are completed under H1b then the person has to be outside the US for more than 1 year to reapply for a new H1b. But does that apply to my case as I've been on H1B(in the US) for only 3 months.(Before that I was on F1)

[shervin143]

H1B in total is for 6 years. You can recapture the remaining period in that H1B CAP (6 years minus 3 months).

[txh1b]

The petition does not expire until the date on it unless the employer chooses to withdraw it. If the consulate processes the visa and you still have a valid petition an job, you can come back. As an alternative, you can find another employer and transfer the petition.