H1b Extension - subject to H1b cap

[pranavkbansal]

Hi,
I was in USA on H1B for around 3.5 years and came back to India in Oct 2008. My H1b expired in May 2011 and now my company is applying for H1b extension.

I wanted to know if my case is subject to H1B FY12 cap or not.

Thanks and regards,

[shervin143]

You have two options. File the H1B under the old CAP using your last H1B approval notice. You will get only 6 years minus whatever time that you have already spend in U.S in H1B + L1B status combined (6 - 3.5 = 2.5). After completing 2.5 years, you will have to leave U.S for 1 year to get a fresh 6 year period. For filing the 7th year extension, the GC process need to be started 365 days before the end of the 6th year. The benefit of filing under a old CAP is, you can immediately start working once the petition gets approved and there is no need to wait until Oct 1st.

On the other hand, if you file the H1B petition under a new CAP, then you will get a fresh 6 year period since you have already spend 1 year outside U.S. The H1B effective date will be Oct 1st or later.