Completed 4 years on H1B

[Tammi]

Hi,

 

I stayed in US on H1B for 5 years and returned back to India last year. Now I stayed in India for 1 year 3 months and coming to US next month. Since I have stayed in India for more than a year now in this trip I can stay for 6 years more or I have to stay only 1 year? My previous stay period will be counted or that will not be counted as I have stayed out of US more than a year? 

 

Thanks.

[jairichi]

Hi,

 

I stayed in US on H1B for 5 years and returned back to India last year. Now I stayed in India for 1 year 3 months and coming to US next month. Since I have stayed in India for more than a year now in this trip I can stay for 6 years more or I have to stay only 1 year? My previous stay period will be counted or that will not be counted as I have stayed out of US more than a year? 

 

Thanks.

Since you are using the old cap subject H1B petition you will get remainder of 1 year. Alternatively, if you would like to get 6 years on H1B then your employer has to file a cap subject H1B petition next April and on approval you can enter US to work from october 2014.

[pontevecchio]

You have only one year left unless you postpone the trip and get a cap H1 petition approved by an employer in April, in which case you get a new total 0f 6 starting from October,1.

[rohang]

Hi,

 

I stayed in US on H1B for 5 years and returned back to India last year. Now I stayed in India for 1 year 3 months and coming to US next month. Since I have stayed in India for more than a year now in this trip I can stay for 6 years more or I have to stay only 1 year? My previous stay period will be counted or that will not be counted as I have stayed out of US more than a year? 

 

Thanks.

if you have not applied H1b under new quota, then you cannot stay for renewed 6 yr period.

 

You will have 1 yr remaining on H1b.

[madhu418]

you have 1 year left on your current h1B petition. in order to receive 6 more years, you have to ask employer to file for new h1B.

 

best option is to ask for new employer to file for your Perm and then I140, during the pending status of I140, you can apply for H1B ext beyond 6 years.