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New H1b from exempt employer at the end of 6th year H1b

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  • New H1b from exempt employer at the end of 6th year H1b

    My 6th year of H1b expires in November 2019 - I have an offer from a medical research organization that is affiliated to a university and is an exempt employer , can I get a new H1B even if my 6th year expires in November

  • #2
    No. You have 6 yrs. in total and that's it,unless you have an approved I140.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by Bharat1991 View Post
      My 6th year of H1b expires in November 2019 - I have an offer from a medical research organization that is affiliated to a university and is an exempt employer , can I get a new H1B even if my 6th year expires in November
      No. The employer is cap-exempt. That doesn't entail that you are exempt from 6 year rule.

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      • #4
        Thanks for the reply. Can employer apply for H1 in April 2020 considering my current visa expires in oct 2019

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        • #5
          Only, if at the time of application you have been outside the US for atleast 1 yr (if you have exhausted your 6yrs and want to start a fresh cycle of 6yrs). The key is at the time of application i.e., you should have left the US before April 2019.
          Just an opinion; Not legal advice.

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          • #6
            Sorry if this is an invalid question. if I have an approved I140 after I leave the states I may be eligible to re apply earlier ?

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            • #7
              Originally posted by Bharat1991 View Post
              Sorry if this is an invalid question. if I have an approved I140 after I leave the states I may be eligible to re apply earlier ?
              If you have any of your allotted 6 yrs. still left, yes you can apply for an extension beyond 6 yrs. using the approved I140.
              Just an opinion; Not legal advice.

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