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Immigration Issues/Filing another H1B with in 6 years

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Question
Entered US in December 2007 and left US on May 2011. while leaving to India in May 2011, My petition was valid till Feb 2014. I stayed in India from May 2011 till April 2013(23 Months). Re-entered US with the same old petition. am i eligible to apply for new H1B under cap exemption with another employer? if I am eligible for new H1B, as per rules for how long will I get new H1B approval?

Answer
Hi,

You can be in H1B status in the U.S. for 6 years total. The clock started in December 2007 and the time spent outside the U.S. is not counted. The only way to extend H1B status beyond 6 years (without being subject to the visa cap) is to have the employer timely support you for filing PERM (also known as application for labor certification).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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