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autumncloud

H1B petition validity

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I was in the US on L1B from 2010-2013 and on H1 from June 2013 - April 2016. My company couldn't proceed with my GC processing due to some wage mismatch in the labor approval stage. In the meantime since I spent 6 years in the US I had to move to India in April 2016 and I am completing my one year stay in India as of April 2017. Since I spent only about 3 years on H1, will it get considered that I have 3 more years on my H1 remaining? If I find a job in the US can this H1 petition be used by my new employer?

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no, you will not get 3 more year. Your l1b time will be calculated with h1b, as thr was no gap b.w them. Your employer has to file a new h1b (lottery) for you to travel to US. And it can only happen in April 2018. 

Applying for 2017 will not help, as you need gap of 365 days before you apply for new H1b.

Edited by rohang

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A new H1 under the quota is required. It CN only be filed once you have been abroad for a year.

You don't say when in April 2016 you left. If it was in early April, it may be possible to file in this year's quota, depending on when the quota fills. In recent years, the quota filled within 5 business days from April 1. So, for example, if you left on April 1, 2016, the employer can file in the quota on April 2, 2017.

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Thanks for the responses.

I had left US on March 27,2016. So I will be done with the one year period as of March 27,2017. So. Am thinking I can apply for a fresh H1 this year in 2017 itself 

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Yes, in that situation, an employer can file a new H1 petition in the quota this year.

 

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