H1 B extension

[rajmi]

Hi

My petition for H1B is valid from 10/01/2006 to 09/30/2009 . I stayed in USA for app 2 years and came back to India at the end of 2008.Now my query is if this petition can be extended further. Please let me know . Tnx .

[kabkaba]

Yes, another or same employer can file a cap-exempt petition for you at any time.

Since you have spent 1 year outside the US, you can also qualify for fresh 6 years, but that petition will be cap-subject and can be filed only as long as cap is open.

[rajmi]

H1B Extension

Yes, another or same employer can file a cap-exempt petition for you at any time.

Since you have spent 1 year outside the US, you can also qualify for fresh 6 years, but that petition will be cap-subject and can be filed only as long as cap is open.

Tnx a lot for your quick response.
Also request you to let me know what are "cap exempt " and "cap subject" petitions?

[kabkaba]

Cap-exempt petition will use your previous cap number and get you extensions up to a total 6 years (including previous stays). It can be filed at any time with immediate start date.

Cap-subject petition will get a new cap number from the 65000 annual limit and you can get fresh 6 years. It can only be filed only when the annual cap is open (like right now). If current year's cap is not open, earliest start date can be Oct 1 for the next fiscal year (filed on or after Apr 1, not applicable right now since current year's cap is open). One cannot qualify for fresh cap unless one spends more than 1 year outside the US.