H1B - unique case


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I have my 2nd H1B  extension valid upto Sept 2015.

I left USA, resigning my job (direct employer, cap-exempt H1B) in November 2013, and have been out of USA since then.


Questions are:

1) Is my visa still valid, or expired?


2) If valid - Can I re-enter the US with the same visa to work with a different employer.


3) Or, if expired - can I re-apply for a fresh H1B through a different employer. If yes, Can I apply now, or is there any waiting period (I say this because, I have heard that one year after the H1B time elapses including extensions - we can apply for a new H1B)


Thanks much.

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1. You have not mentioned your visa expiry date in your post.

2. You need I797 from different employer along with valid H1B visa.

3.If a new employer files a cap exempt H1B petition then you are eligible for 6 years - time spent in US on H1B status. If a cap subject H1B petition is filed after you stayed outside US for 1 year then you are eligible for 6 years.

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I have a visa expiry date for Sept 30, 2015. It is under facts in my question. I had the month and year mentioned.


Thanks for the response.

If at all, I apply again, then I should be apply 'cap subject' H1B to get my another 6 years of H1B ??

When you say "2nd H1B extension valid upto Sep 2015" it is understood as validity of petition and not visa.

Yes, if a cap subject H1B petition was filed after you stayed outside US for a year then you will get 6 years,

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