And stayed there ever since. Therefore I didn't actually used the last year approved on my H1B. My question is if I got a job offer this November, can I have the employer extend my H1B from 11/2013 to 11/2014? Or do I have to apply for a new H1B, since cap-gap is a problem, so I am worried that to apply for a new H1B is not practical. I am a China National, and I have never filed any green card petition.
You can use the remainder time- or if you stay outside the US for one year, you can restart the clock and obtain 6 more years in H-1.
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You can either use the time remaining on your H1-b or leave the US for a year and restart your 6 year clock.
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You should not be subject to cap, and you can do either of the two.
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