spantula Posted February 18, 2013 Report Posted February 18, 2013 Would like to know whether I am eligible for H1B extension with the following case - Company A Got my 1st H1B in Dec 2004 till Aug 2006. Came to US in Dec 2004. Filed extension in 2006 while in US and got an extension till Oct 2007. Went to India in Apr 2007 for a personal trip and got it stamped. Again got H1B till Oct 2007 Filed my 2nd extension in Sep 2007... I didn't get any update on my extension will May 2008. I have been advised to go back to india and went to India in June 2008. Finally, my visa extension got rejected in Aug 2008 (It happen to many during 2008.. i am not alone!) My company immediate re-applied for H1B stating stating that employee holds H1 in the past 6 yrs and is exempted from annual cap. Got it approved again in Oct 2008 Got it Stamped in Nov 2008 and got H1B till Apr 2011. But I took a break and didn't come to US till Sep 2009. I had been out of US for 15 months. Came to US in Sep 2009. Filed an extension in Mar 2011 and got an extension till May 2012 Changed to Company B in Sep 2011. Company B During H1B transfer, filed extension and got approval till Dec 2012. Filed an extension in Nov 2012 and currently extension is in progres... my question is, since I am out of US payroll at least for 15 months, Am i eligible for new 6 yr team from Sep 2009? Company A lawyer told me "yes". is it correct? Just want to confirm. Thanks.
Attorney_11 Posted February 21, 2013 Report Posted February 21, 2013 Generally, to apply for a new six year period of H1B due to an absence abroad of over one year, an H1B cap-subject petition needs to be filed requesting the new period and the Beneficiary needs to be eligible for this option at the file of filing. Due to the complexity of your question and timeline, it is advisable to speak directly with a qualified U.S. immigration attorney.
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