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Already have H1B visa . Can i get new one ?

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  • Already have H1B visa . Can i get new one ?

    Hi,

    i already have H1B visa stamped and valid till Sep 2011. But i haven't used it and haven't worked for that employer till now. i haven't travelled to US using that H1B.

    Meanwhile i have another employer who is ready to process H1B for me .
    In this scenario,

    1) Should i go for H1B transfer or new H1B ?
    2) Also H1B can be extended only for 6 years. Does that mean,i have already lost 3 years

    Thx in advance..

  • #2
    Your new employer can file the petition anytime with immediate start date since you are already cap counted. They will need a copy of your previous H1 approval notice.
    Only the time spent in the US in H1 (or L1) status counts against 6 years. So you have not lost anything.
    This is my opinion and not legal advice.

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