H1B Extension

[kumar4004]

Hi

I am currently on H1b valid thru June, 2011 to Feb, 2014. Previously I worked in US thru 2008 -2010 on L1 Visa. I got a H1B visa approved from a company A in the year 2010. I went back to my country on 2010 for stamping. But I had a query from the embassy. So, need to wait for 1.5 year to rectify and get the stamping done by another Company B. I came back to US after 1.5 year. How would my H1B visa treated. Will it be as fresh H1b for 6 years(extendable) or I need to go back after 2015 since it completed 6 years. Please let me know so that I can plan other activities immediately.

Thanks

Kumar

[kalyan_ac]

It depends on how your h1b petition was filed by company B.

If the petition has been filed as cap-exempt, you will be able to stay for the remainder of the 6 years(including your stay on L1).

If the petition has been filed as cap-subject, you will get a new 6 year term.