JMMM Posted August 8, 2012 Report Share Posted August 8, 2012 My brother is in India with an approved H1-B, never got the stamping done in India and did not come to the US to work. Now his H1-B(3 years) term is over. If he wants to apply for his H1-B again, will the petition be treated by USCIS as a fresh one and subjected to quota OR will it be treated as an extension since the H1-B is already earmarked for him and will be treated as a renewal? Appreciate your help! Link to comment
pontevecchio Posted August 10, 2012 Report Share Posted August 10, 2012 It will be treated as neither. He has been cap counted. He needs an H1 Employer to file his H1 non cap and get it approved. Please be warned that this is a new ballgame and he will need to get an authentic sponsor. Link to comment
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