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H1B extension after 6 Years rule - No Green card filed

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  • H1B extension after 6 Years rule - No Green card filed

    Hi I went to US on Feb 2005. My six years would have completed by Feb 2011 but in Nov 2010 I claimed all the time which i was out of US (Approximately 4 months) so my H1 got extended to May 2011. I came back to India in Dec 2010. Since then I am living here. My Questions are

    - Can I again reclaim 6 months and extend my current H1B for 6 months which I spent outside US from Dec 2010 till date.
    - Can I apply for fresh H1 on or after Dec 2011 as by then i would have spent 1 year out side of US. The reason I am confused is because i still have 6 months remaining in my previous H1 and it is not over, will that be problem for new fresh H1?

    Thanks,

  • #2
    - Can I again reclaim 6 months and extend my current H1B for 6 months which I spent outside US from Dec 2010 till date.
    >>> Yes.

    - Can I apply for fresh H1 on or after Dec 2011 as by then i would have spent 1 year out side of US. The reason I am confused is because i still have 6 months remaining in my previous H1 and it is not over, will that be problem for new fresh H1?
    >>> Not an issue. You can apply a fresh H1B after spending 1 year outside U.S and gt a fresh 6 year term.
    Not a legal advice. Use of this information is strictly at your own risk.

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