New H1B application before completing 6th year of H1

[shai.h]

I am in US since 2007 and completed 5 years and 14 days on L1/H1 before I left for India. 

 

I stayed outside US for more than a year (Cooling period) and then returned back to US.

 

Then I re-activated my old H1B (As H1B cap was already full when I got the job - July 2013) and is valid till November 2014. 

 

My question is: Can I still apply in a new quota and get fresh H1 with 3 years? 

 

When I came back last year I knew I had a choice to use my old H1 to get 1 year extension or get a fresh quota for another 6 years (3+3)

 

But since my 6 years are not over and I am currently on H1, I am having a little doubt. 

 

Please answer asap as I may not have enough time to before the cap opens. 

 

Thanks,

Shai

[jairichi]

I am in US since 2007 and completed 5 years and 14 days on L1/H1 before I left for India. 

 

I stayed outside US for more than a year (Cooling period) and then returned back to US.

 

Then I re-activated my old H1B (As H1B cap was already full when I got the job - July 2013) and is valid till November 2014. 

 

My question is: Can I still apply in a new quota and get fresh H1 with 3 years? 

 

When I came back last year I knew I had a choice to use my old H1 to get 1 year extension or get a fresh quota for another 6 years (3+3)

 

But since my 6 years are not over and I am currently on H1, I am having a little doubt. 

 

Please answer asap as I may not have enough time to before the cap opens. 

 

Thanks,

Shai

You need to exit US when your 6 years total stay on L1 and H1B is completed. You need to stay outside US for 365 days before a cap subject H1B petition could be filed.