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Immigration Issues/reapply H1B in 4 years

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Question
I'm currently on H1B expiring in 9/2011, if i change to another visa for 5 or 6 years, in 6 years, can I re-apply H1B but not going through the lottery, if there is still one? the maximum 6 years of H1B count only the time when I'm actually on H1B, or 6 years from the time it's first activated?

Answer
Kelly,
The 6 year statutory period is counted only for the periods that you are in H status. As the rule stands after a six year gap you will subject to the cap again. But 6 years a long time I do not even want to guess what the rules would be at that time.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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