I got my h1B stamped in October 2006 for 2 years . I came to U . S in March 2007 . Applied for h1B extension in October 2008 and got it stamped till July 2011 . I came back to India in January 2011 . and working in India for last two years . Now , Can another employer file new h1B cap exempt for remaining three years . ? . if yes , can i travel any time once it is stamped ?
Yes. A new employer may apply for the balance of the period to a maximum of 3 years if you have not exhausted your 6 yr maximum eligibility. To enter you would need a valid unexpired H1 visa. Best Wishes!
Practice Area: Immigration Law
13295 Illinois St., Ste. 128
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It appears that you have not exhausted your 6 year limitation, therefore, another employer could file an H-1B petition on your behalf. Once the H-1B petition is approved and the US Consulate in India issues the visa stamp, you would be eligible to enter the US and commence employment. If you have further questions, I would recommend setting up a consultation.
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