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H1B 6 years limit over, now on student visa, when can I get another new H1B?

Burlington, MA |


I was on H1B visa for last 6 years and my H1B 6 year period
expired last month. I understand that a person must leave

the US for 1 year before he or she can apply for a new H1B
visa for another 6 years.

I changed my status to M1 recently. My question is:

Instead of leaving US for a year, if I continue to stay in

US on M1 visa, what is the earliest
possible time at which I am eligible to apply for a new H1B

for another 6 years?


Hello Maria and Stuart, I am an Indian (Asian) national. Also, I have about 6 months recapture time left on my H1B. Is it possible that somebody can file a new H1B for me while I am on M1 visa? thanks,

Attorney Answers 2


what is your nationality?

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Unfortunately, no - you would need to spend a full year abroad to "re-set the H-1B clock" and get a fresh six years in H-1B status.

However, you should at least consult with an attorney to see whether some other employment-authorizing visa might be available to you based upon your background, career and goals. There may or may not be other options, but the H-1B is not the only employment visa out there - the O-1, P, E-1/E-2, and I are all options we have used in the past.

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