existing H1b or new H1B

[rakesh.s.21@gmail.com]

Hi, 

 

Currently in India, returned back in Jan 2013. 

 

2007         - jan 2012              on L1B

Jan 2012 - Jan 2013              on H1B. 

 

Now I am already out of USA for 366+ days. 

 

What I come to know that H1B is valid for 6 years so my existing (expired) H1B can be used after filing the amendment.  

Can someone pl clarify that if existing H1B can be used or do I need to file fresh new H1B?

 

Thanks

 

 

 

 

[jairichi]

Hi, 

 

Currently in India, returned back in Jan 2013. 

 

2007         - jan 2012              on L1B

Jan 2012 - Jan 2013              on H1B. 

 

Now I am already out of USA for 366+ days. 

 

What I come to know that H1B is valid for 6 years so my existing (expired) H1B can be used after filing the amendment.  

Can someone pl clarify that if existing H1B can be used or do I need to file fresh new H1B?

 

Thanks

If you use your existing H1B you would receive the remaining months out of 6 years max allowed stay on H1B which includes time spent on L1B + H1B. Employer has to file a cap subject H1B petition and on approval you would get 6 years.

[pontevecchio]

Time on L1B plus H1 B cannot exceed 6 years. Any H1 sponsor can file your cap subject H1 in April to start from October giving you a new total of 6 years in H1 status if approved.

[kattu786]

Hi, 

 

Currently in India, returned back in Jan 2013. 

 

2007         - jan 2012              on L1B

Jan 2012 - Jan 2013              on H1B. 

 

Now I am already out of USA for 366+ days. 

 

What I come to know that H1B is valid for 6 years so my existing (expired) H1B can be used after filing the amendment.  

Can someone pl clarify that if existing H1B can be used or do I need to file fresh new H1B?

 

Thanks

An employer has to file a new H1 for you which will be subjected to cap.So H1 can be filed anytime after 1st April till the time cap is reached.

[rakesh.s.21@gmail.com]

Thanks everyone.