H1B Renewal

[srikanth5184]

Hi

I have completed my first 3 years of H1B.
During the seocnd 3 year term in my 5th year, I went to India for a project and was there for more than a year.

Know I am back in US and my h1b ends in next august.

Since I was outside US for an year, Can I reclaim 3 years? Is this applicable and Can i get a new H1B when my employer files it? - this is something I heard that if a person stays outside for an year during their full term, can reclaim all the lapsed H1B

Can any one let me know whether the above statement is true

Thanks
Srikanth

[kabkaba]

Total time spent in US in H1 or L1 status should be equal to 6 years. Employers can claim unused time.

[srikanth5184]

Hi

Thanks for responding

But isnt it true that if a person is outside US for an year he can reclaim all of his H1B period back which is , he is elgible for a fresh H1

Srikanth

[kabkaba]

Yes, but new H1 must be filed under new cap if available.

[shervin143]

For that, you should have filed a fresh H1B petition after staying out for 1 year. If you have used the old H1B petition, then only the remaining time on that CAP is available to use.

Hi

Thanks for responding

But isnt it true that if a person is outside US for an year he can reclaim all of his H1B period back which is , he is elgible for a fresh H1

Srikanth