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H1B extension after 6 years

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  • H1B extension after 6 years

    Hi,

    I have stayed in US for about 3.5 years on L1B and 0.5 years on H1B.
    I came back to India in June 2010 and have been waiting for the past 9.5 months for the administrative clearance in my case. My H1B petition expires in October 2012.
    Now looks like I will stay out of US for about 365 days with a valid H1B petition but no visa stamping and without travelling.
    Would I qualify for a fresh or a new H1B on my return for about 6 more years ?
    Is that an option with the same employer ?

    Please shed some light.
    thanks,
    Satguru1

  • #2
    You employer can in principle file a new cap case.
    But only the time spent in the US is counted against 6 years, so all is not lost even with the old cap.
    This is my opinion and not legal advice.

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