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new H1B with I 140 approval

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  • new H1B with I 140 approval

    I stayed in US for 3 year 9 months on H1B with company X.
    I have an approved I 140 with company X.
    Travelled to India and got a 221g followed by a rejection in Mar 2011.

    I wanted to go with a new H1B with company Y now.
    Do I fall in the current year cap for my new H1B with Y or I can even apply after H1B cap runs out?

    Please respond as the current cap usage is at 42k.

  • #2
    You can use the CAP from the previous H1B approval notice. as long as you have not used all 6 years in that CAP. Only the time spend in U.S in H1B+L1 status counts towards the 6 year cap limit. If you have used only 3.9 years, then there is no need to go through quota again. You can file the transfer anytime using the old CAP.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin.

      One quick question. Will I be getting a 3 year extension as my I-140 is approved?

      Comment


      • #4
        With an approved I-140, you are eligible to request for a 3 year extension. However, the actual duration of extension can be less if USCIS determines the employer cannot provide you a complete 3 year of work. It all depends on the project documents that the employer will submit. If you work for a consultancy company, then the chances of the extension getting approved for a straight 3 years in less.

        Originally posted by chanduucs View Post
        Thanks Shervin.

        One quick question. Will I be getting a 3 year extension as my I-140 is approved?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1B stamping in London

          Hi,

          Here is my case:

          I stayed in US for 3 year 9 months on H1B with company X.
          I have an approved I 140 with company X.
          Travelled to India and got a 221g followed by a rejection in Mar 2011.

          Working for an MNC in INDIA. Now in UK for an onsite from May 2012.

          Have an extension H1B approval from company Y now.

          Can I attend for visa stamping in LONDON embassy... I will be staying here until October end(6months TIER 2 ICT visa UK).

          Can someone help me on this?

          //chanduucs

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