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Cap Exempt New H-1B

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  • Cap Exempt New H-1B

    Hello - I have completed 6 yrs of stay in US (5yrs L1B + 1 yr H1) with the same employer. Am currently staying in India and passing on my 1 years gap to re-enter. I have 2 diff questions,

    Question 1- Can I apply New H1B under Cap Exempt to re-enter after completing a year, as I have used just 1 yr of H1B during my earlier stay? or completing 6 years during my earlier stay would eventually term as using H1 as well to its fullest 6 years?

    Question 2- Can I visit US under a Visitor visa for pleasure, if yes would I have to catch up the time spend in US under Visitor visa against the 1 year interval for the clock reset, or visitor visa is considered different and do not count under clock reset.

    Thanks
    Vin

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