Applying H1B when only 1 year left to complete 6 yrs

[madhukv_77]

I was in USA on L1B Visa for a period of continuous 5 years till March 1st 2012. If I do an H1B Visa now, I will get the same just for one year (From Oct 2012 till Oct 2013), since I already completed 5 years on a different visa and doesn't have 1 year break.

So if instead of going to USA on Oct 2012 if I stay in India for continuous 1 year (till March 2nd 2013) and then go to USA, am I eligible to stay in USA on the same petition for longer period of 6 years (Obviously by extending my petition after Oct 2013) ? I mean, can I extend the Visa for further years ?

Could you please advise ?

[wiweq]

To use new 6years quota you should be counted in new cap.

[madhukv_77]

Thank you. Actually what I am asking is, if I get a H1B visa in this new cap, that will be only for an year (since I haven't completed 1 year of Gap). So in that case, if I stay in India to have 1 year break and then travel with the H1B visa, how long I can stay ? Can I extend that Visa for to complete new 6 yrs ?

[GCin2013]

If you apply for H1B under cap after one year stay in India, you can reset the 6 year clock again. Remember it has to be one year stay out of US and the new H1b has to be counted in Quota.

[JoeF]

To get a full 6 years, the order has to be this:

1. Stay abroad for one year.

2. When the one-year abroad requirement is fulfilled, find an employer who files a new H1 under the quota. Previous H1s can not be reused.