H1B extension from India

[subirkumar]

Hi,

I worked on H1B visa in US from Dec 2007 to March 2009. I then went back to India. I now want to come back to US. Do I need to file for a fresh H1B visa or can I get extension on the previously approved H1B visa, of which I've only exhausted 16 months (Dec 2007 to March 2009).

Thanks,

Subir.

[pontevecchio]

You can use the remainder option. Obviously you need to find a suitable sponsor to file the H1 petition for you.

[wiweq]

"I worked on H1B visa in US from Dec 2007 to March 2009. I then went back to India. I now want to come back to US. Do I need to file for a fresh H1B visa or can I get extension on the previously approved H1B visa, of which I've only exhausted 16 months (Dec 2007 to March 2009)."

=> Once you are outside of USA, any extension or COS cannot be filed. Though, you can go with new H1b (every H1b is new H1b though) and it won't be counted towards cap, and you won't need to wait till Oct 1st.

[subirkumar]

Thanks you both of you for replying! - Subir.