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H1-B 6 years calculation

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  • H1-B 6 years calculation

    I need a bit clarity on 6 years calculation for H1-B.
    I got my H1-B issued in NOV-2005. I was working with the same company in US since and left US in DEC-2006 to work for the same company out of their India office (on Indian payroll). Currently, I am working with the same company in India. I now desire to join back in US.
    I would like know if my 6 years H1-B validity calculated from the date it's issued + 6 calendar years or is it calculated based on the actual time I spent in US. If latter is the case, would it mean that I still have around 5 years left on my same H1-B and can go back and work on the same H1-B for next 5 years ?
    Also, I would like to know is it possible to have this H1-B transferred to another company in US if I get any offer. If yes, what would be the process.
    Thanks in advance for any answers/suggestions

  • #2
    It is calculated from the petition effective date. The CAP in the petition which was approved in 2005 doesn't not qualify to claim CAP exemption anymore. You have to wait until next year to file a petition under a new CAP.
    Not a legal advice. Use of this information is strictly at your own risk.