H1B with 4 years term completed

[satya_g]

Hi
I have a strange situation.
I completed 4 years of H1 with 3 different employers. when my recent employer applied for extension after 4th year my H1 got denied because of the employer-employee relationship at the client site. So I immediately returned back to India after the denial. Now another employer applied for my H1 and I got it approved but only for 1 year though I had 2 yrs left on my H1 considering the 6 yrs H1 period.
I stayed out of US after the denial for more than 1 year. My question is in future if I apply for extension or file a new H1 will I come under a new 6yr H1 period or what ever is left on my 2yrs H1?

Thanks
Satya

[shervin143]

Since you have already stayed out of U.s for 1 whole year, you ask the employer to file a fresh H1B petition which will give you a fresh 6 year term on H1B. If you use the old CAP, you will get only the remaining period left in that CAP and you will end-up staying out of U.S for another year to get a fresh 6 year term unless you are eligible for the 7th year extension based on the pending/approved Labor/I-140.

[satya_g]

H1B with 4 years term completed

Thanks for the info shervin. I searched some other forums and itseems there is some act introduced in 2006(H1 remainder period) which tells the same thing you mentioned above. I have one question here If my employer applies for a fresh H1 does he have to apply in the 65K cap quota?

[txh1b]

Fresh H1b with a new 6 year term requires a fresh filing under the cap. You can choose to not do that and use the remainder period of 2 years if cap is over by then. It does not make sense to do it as you will lose 4 years.

[satya_g]

H1B with 4 years term completed

Thanks for all your replies. Very helpful answers