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My H1B visa is expiring 8/30/2013, that is the 6 year term is done on 8/30/2013. I went to my home country on 9/16/2012,

Los Angeles, CA |

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.

Attorney Answers 3

Posted

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.

Contact me at lobrien@ornerobrien.com or at 240-395-1506. This response is provided for informational purposes. I cannot provide legal advice specific to the facts of your particular case without a signed contract in which you have agreed to allow me to represent you.

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Posted

For option 1, if I stay out of US for over a year, am I still free to choose to use the remainder time? For option 2, if I apply for a new H1B in April 2014, and get approved in May 2014, do I still have to wait till Oct 2014 to work?

Posted

You can either use the time remaining on your H1-b or leave the US for a year and restart your 6 year clock.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

You should not be subject to cap, and you can do either of the two.

Contact: 860-548-2629 or dbucin@uks.com. This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

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Posted

Do you mean even if I decided to apply for a new 6 year H1B, I am not subjected to cap? I don't need to worry about the cap gap between Apr and Oct?

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