H1B 6 years cap limit starts from the cap year or the first day you enter US with that H1B?


VJ198

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Hi,

 

I have the below query on my H1B expiry dates. Please help me by providing your inputs.

 

First Admission was in L1B visa was from April 2007 to June 2011 (4yrs 2 months).

My H1B got approved under Oct 2011 cap, but was not used. I had to stay 

outside US from June 2011 to Jan 2013 - (1yr 7 months).

 

My first entry to US on H1B was in Feb 2013. Since i was outside US for more than a year, will it reset my 6 years clock?

 


How long is my current H1b valid? will it be till Oct 2017 or Oct 2019 (Without being subjected to Cap)?

 


6 years from the date of approval or 6 unused time on my H1b

 

Thanks

VJ

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Thanks for the reply t75.

 

My H1B was applied when i was on the 4th year of L1, it was before the 1yr outside US.

But I used my H1B for the first time after I stayed outside US for 1yr.

When you used the H1 is irrelevant.

The  requirement is that to have the time reset, the person has to be outside the US for a year before a new petition is FILED.

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