krishnan311 Posted September 15, 2013 Report Share Posted September 15, 2013 Dear Experts, My Initial H1B was approved in 2004.On the same H1 I am going to complete my 6th Year in April 2014.I have not lived in the US continuously for 6 Years since my 1st Visit in 2005. I other words I have lived outside of the US for more than 2 Years. This visit to the US is the longest and will be 4 Yrs by April 2014.( we have captured all the time spent outside ) My Question: Since I have not continuously stayed in the USA for 6 Years, am I eligible to apply for a new H1B through CAP this April 2014, Which will enable me to live in the US for another 2 Years?. Pls advice. Link to comment
jairichi Posted September 15, 2013 Report Share Posted September 15, 2013 Dear Experts, My Initial H1B was approved in 2004.On the same H1 I am going to complete my 6th Year in April 2014.I have not lived in the US continuously for 6 Years since my 1st Visit in 2005. I other words I have lived outside of the US for more than 2 Years. This visit to the US is the longest and will be 4 Yrs by April 2014.( we have captured all the time spent outside ) My Question: Since I have not continuously stayed in the USA for 6 Years, am I eligible to apply for a new H1B through CAP this April 2014, Which will enable me to live in the US for another 2 Years?. Pls advice. No, you are not eligible to file a cap subject H1B petition in April 2014. You need to stay continuously out of US for 365 days before you become eligible to file a H1B cap subject petition. If you plan to stay till end of April 2014 in US then a new employer could file a H1B petition only by May 2015. Link to comment
JoeF Posted September 16, 2013 Report Share Posted September 16, 2013 You can recapture the time abroad, but you don't get a new 6 years. You only get a new 6 years if you stay outside the US and then get a new H1 under the quota. If you just use the old H1, you only get the remainder. Link to comment
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