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H1B with 4 years term completed

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  • H1B with 4 years term completed

    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?


  • #2
    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.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      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?


      • #4
        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.

        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.


        • #5
          H1B with 4 years term completed

          Thanks for all your replies. Very helpful answers