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H1 Visa extension or new application dilemma

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  • H1 Visa extension or new application dilemma

    I was in US for 2 years from 2008 till 2010. My visa got expired in Sep' 2009 and my employer applied for an extension.
    Even though i was working and provided a client letter, my extension was rejected thrice. At last in Mar'2010 i left US as i was afraid of over stay.

    Now i am planning to apply for H1 visa, my question is, do i need to apply for a fresh visa i.e. go through the yearly quota or i can apply for h1 visa without going through the yearly quota.

    Need your valuable advice.

    Thanks in advance.

  • #2
    It is up to you. With cap-exempt petition you will only get the remainder from 6 years. With cap-subject petition you will get fresh 6 years but you will have to wait until April-October cycle.
    This is my opinion and not legal advice.

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    • #3
      kabkaba, thanks for your advice.
      Could you also please let me about my status during Sep'2009 until Mar'2010. My last petition for extension was rejected on 12th Mar'2010 and i travelled back to home country on 16th Mar'2010. Will there be any questions asked about my stay during this period. I was working and my payrol ran during this period.

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