sumeshp Posted October 11, 2016 Report Posted October 11, 2016 Let me explain my scenario in detail 1) I came to US on L1 visa in January 2010 2) I went back to India in September 2012 3) My employer filed for H1B cap in April 2013 4) My H1B visa got approved for starting October 2013 5) I came back to US on December 2013 Now my questions is - Won't this H1B visa be treated as a new H1B Visa and shouldn't I get the full 6 years until 2019. I am asking this because I have been told that this new H1B visa is considered as a continuation in time since a petition was filed within one year of travelling back after L1. But wherever I search, i see that applies only if I submit a cap exempt H1B petition. In this case, I submitted a new H1B cap and stayed one year out of US. So shouldn't I be getting a full 6 year stay upto December 2019 at least? Please help.
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