New H1B


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I had H1 for an employer in the past and worked in US for around 8 months. I got that extended and went back to India but my petition expired during my stay in India.

Right now, I am here in US on H4 as a dependant to my husband and resigned my job w/ my employer.

Will I be able to renew my old expired petition w/ a new employer in US?


Do I need to go for new H1 visa? As the 65k cap is filed, do I need to wait april 2013 for filing it?

Kindly clarify.



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  • 2 weeks later...

Thanks for the clarification!

As I mentioned in my question earlier,I am currently on H4 visa in USA and stayed more than 1 yr outside USA before getting this H4 approved/after my previous H1.

Some of my friends were telling me that I am eligible for cap exempt,

if I am outside US now


I should have stayed more than 1 yr outside US.

Please let me know your views, inputs on this.

Many Thanks!

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