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H1B reuse after being out of USA for > 6 yrs

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  • H1B reuse after being out of USA for > 6 yrs

    Hi,

    I used to work in US on H1B from Jan 2005 - March 2006. I wish to come back and work again for few years. Do I have to reapply for a new H1B or I can use the remaining time on my existing H1B?

    It has been more than 6 years since my last H1B stamping.

    Also I have a stamp of "Cancelled without prejudice" on my original H1 stamping. Not sure if that matters in this case.

    Please let me know.

    Thanks
    -V

  • #2
    One H1b CAP is valid only for 6 years. You need to file a new H1B that is subjected to CAP. CAP for 2013 is already closed. You have to wait until April 2013 to file a new H1B under the 2014 CAP (Which will have a H1B start date of Oct 1st 2013).
    Last edited by shervin143; 06-16-2012, 05:10 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I believe Shervin means 2014 Cap starting from April 2013 with start date of Oct 2013.

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      • #4
        Yes, sorry for the typo.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          How many times can you apply for H1B CAP

          Hi,

          My 6 years on my H1 is soon approaching and I am presently not very close to getting a green card. If I have to continue staying in the US, I will have to get a new H1 (subject to the CAP).
          My questions are -
          1. Is there a limit on the number of times you can apply for a new H1?
          2. Is it any harder to get it a second time?

          Thanks for your help.

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          • #6
            1. Is there a limit on the number of times you can apply for a new H1?
            >>> No.

            2. Is it any harder to get it a second time?
            >>> Not if the right employer files it.
            Not a legal advice. Use of this information is strictly at your own risk.

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            • #7
              Have you already completed or about to complete 6 Years on H1? If yes, then you can get another 6 years only after being outside US for 1 full year. This is my opinion, do seek expert guidance too.

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