H1B reuse after being out of USA for > 6 yrs

[vedhas]

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

[shervin143]

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).

[raghvi]

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

[shervin143]

Yes, sorry for the typo.

[wandana]

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.

[shervin143]

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.

[raghvi]

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.