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santhoshs

Reseting H1b 6 years counter

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Hi Folks,

             I am in my 6th year of H1b, perm process not started.

My Question is if i go out of country for year before before i complete 6 years on H1b. 

Will i be cap-exempt after staying out of country for year and my counter reseted ?

Thanks in advance

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No. The way it works is you stay out for one year and then have a cap subject H1 petition filed for you to get 6 years. This means if you leave after April,1 then you are looking at 2 years down the line since the H1 gets subscribed very soon.

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A new H1 in the quota can be FILED once you have been outside the US for at least one year.

 

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I am in the same situation. Do I have to be out of USA for consecutive 365 days? what if I apply for H4 and go back to India for 3 months, visit US on H4 visa for 2 months and then again go back for 10 months? 

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