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  • H1-B Petition Extension

    I got a H1B petition in 2015 which was valid till Nov 2016. I came back to India in Oct 2016 but before coming back I filed the Extension which was also got approved for 3 years i.e. till Nov 2019. However I did not travel after Oct 2016. Now If I again file a extension, would it count the earlier 3 years in which I did not travel or it will discount that from 6 years quota of the petition?
    So basically if I file a extension again, would it get approved only till 2021 or it will be till 2023? Please guide.

  • #2
    Hi,
    In order to file H1B petition under CAP exempt, you must be on H1B status within 6 years. I hope, you are eligible for H1B CAP exempt filing petition. And your unused days will be still remain in your H1B account. Here unused days means, the day you are not in the USA.
    So, legally you will have another 3+ years of H1B duration in your account to utilize.
    Thanks

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