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,

Asked about 1 year ago - 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)

  1. Lynn Marie O'Brien

    Contributor Level 13


    Lawyers agree

    Answered . 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 or at 240-395-1506. This response is provided for informational purposes.... more
  2. Alexus Paul Sham


    Contributor Level 20


    Lawyers agree

    Answered . 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 (917) 498-9009. The above information is only general in nature and does... more
  3. Dana Roxana Bucin

    Contributor Level 15


    Lawyers agree

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

    Contact: 860-548-2629 or This answer is provided for general education purposes only and is not... more

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