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H1b Expiring in Nov 2016 - Options after that ?? - Moved to India last year

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  • H1b Expiring in Nov 2016 - Options after that ?? - Moved to India last year

    Hi Experts,

    Could be please answer my query ..

    We moved to India on my 4th Year of H1b after getting extension.
    My H1 is expiring in Nov 2016.

    1.So my question is How can i keep my options open of H1b past Nov 2016.
    I am not sure if i will settle in India. I came here on Company's request.

    2. So after Nov 2016 , do i need to file for a fresh H1b through Lottery system ?? or i can still use the Unused years in my current H1b ..

    3. Do i need to stay with the same company or i can change the company and use the same H1b petition and capture unused years on H1b ?

    Thanks a lot for your help in Advance ..

  • #2
    1.So my question is How can i keep my options open of H1b past Nov 2016.
    I am not sure if i will settle in India. I came here on Company's request.
    >>> If you stay outside U.S for 1 whole year, then you are eligible to file a fresh new H1B under a brand new CAP that will be valid for 6 years. Your existing H1B CAP is valid for 6 years from its approval, Within the you can file a H1B using the same CAP. But you will get only the remaining 2 years on that CAP.

    2. So after Nov 2016 , do i need to file for a fresh H1b through Lottery system ?? or i can still use the Unused years in my current H1b ..
    >>> You can use the unused years. Read the above answer.

    3. Do i need to stay with the same company or i can change the company and use the same H1b petition and capture unused years on H1b ?
    >>> You can change employers.
    Not a legal advice. Use of this information is strictly at your own risk.

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