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"h1b visa recapture and transfer"

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  • "h1b visa recapture and transfer"

    Hello,
    I am currently outside of US for more than a year. My h1b is valid until August 2013. Not taking my 1+ year break outside Us Its my 6th year in H1. I am looking at a new offer, in this case with the new h1 from my new employer will it automatically recapture period outside Us or will it be treated also new H1 with renewed 6 year period. Request some insight and clarification

  • #2
    Unless you file the H1B under a new CAP, you will not get a fresh 6 year period in H1B. the CAP for 2013 is already closed. You will have to wait until April 1st 2013 to file a H1B under a new CAP with a start date of Oct 1st 2013 which will get you a 6 year period.

    If you use the CAP from your previous H1B approval notice, you will get only the remaining period in that H1B CAP (6 years minus whatever time you have already spend in U.S in H1B + L1 status).
    Not a legal advice. Use of this information is strictly at your own risk.

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