srinivas.akyana Posted December 10, 2015 Report Share Posted December 10, 2015 Hello, I have a question about H-1B cap 6 Yrs eligibility. My H-1B started from Dec 2012 so I assume it's valid until Dec 2018 (excluding the time I spent in India for vacation etc). However, if I go back to India for more than an year in Mar 2016 and if I want come back in May 2017, can I directly come back with my existing H-1B or do I need to go thru H-1B 2017 Quota as I am not in USA for more than 1 Yrs. Please help me understand. Any help would be greatly appreciated. Thanks much! Link to comment
srinivas.akyana Posted December 10, 2015 Author Report Share Posted December 10, 2015 I did go through few posts here & online, looks like I can come back anytime by filing CAP exempt if I don't finish my 6 Yrs quota. However, please confirm. Thanks! Link to comment
jairichi Posted December 10, 2015 Report Share Posted December 10, 2015 Only if a cap subject H1B petition was filed after you stayed outside US for a year you get 6 years. Otherwise you get the remainder years of your previous H1B. Remember date of filing matters and not date of entry. Link to comment
JoeF Posted December 10, 2015 Report Share Posted December 10, 2015 If you are abroad for at least a year, you can either come back with the same H1 and get the remainder time, or you can get a new H1 under the quota and get the full 6 years again. Note that the scenario you posted wouldn't work for the quota situation, anyway. To get a new H1, you would have to be abroad for a year at the time the H1 is filed. So, if you would leave before April 2015, a new H1 under the quota could be filed in April 2017, with a start date of October 2017. So, in your scenario, only a continuation of the existing H1 would be possible. Link to comment
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