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Visa extension after staying in India for more than 1 year

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  • Visa extension after staying in India for more than 1 year

    Hi,

    My visa is up for extension filing in Sep 2013. I have spent a total of 4years and 2 months in USA, however I was in India for more than 1 year Oct 1st 2011 to Oct 21st 2012. Does my 6 year cap reset? How long an extension will I get?

    Thanks

  • #2
    The cap will not be reset. A cap-subject petition has to be filed immediately after the 1 year stay for you to get fresh 6 years.

    You are still eligible for 6 years minus the time spent in the US in H1+L1 status.
    This is my opinion and not legal advice.

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