1 year in India - Will H1 6 years restart?

[me_myself]

Hi,

My H1 visa is nearing its 6th year mark - it is expiring on Dec 2011. I was in India for a year from Jan 2009 - Jan 2010. My office had sent me there to oversee our dev team. I had no issues getting back to US after my 1 year break.

My question is since I was in India for 1 year - will I be eligible for another 6 years of H1 or not. Please let me know.

Thanks.

[shervin143]

You are not eligible for a new CAP unless you spend one year outside U.S. After spending one year outside U.S, you should have come back on a new H1B CAP which would have given you a fresh 6 year period. Since you came back on the old CAP, your H1B clock never got reset. However, you can recapture the one year that you have spent outside U.S by filing an extension with a detailed cover letter mentioning the duration stayed outside U.S with supporting documents like eTickets, entry exit stamps in passport I-94 copy etc. If you do that, you still have 1.5 year left in your current H1B CAP which is enough to file the PERM and I-140 to get the 7 th year extension.

[vikastbhosale]

Hi,
I was wondering if to renew my H1B, I've to stay in India for one year or I can stay in any country for one year.

Thanks in advance.

[shervin143]

You just need to stay out of U.S for 1 year. Whether it is India or any other country doesn't matter.

Hi,
I was wondering if to renew my H1B, I've to stay in India for one year or I can stay in any country for one year.

Thanks in advance.