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H1 Visa renewal while out of US for more than 1 year

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  • H1 Visa renewal while out of US for more than 1 year

    Hi,

    I am out of US for around 2 years now. My H1B visa got expired around 1.3 years ago. Before that, I have stayed in US for around 1.5 years. So,I believe out of 5-6 years of my H1b petition quota, I still have few years to use. Now, my question is : can I renew my H1 visa and will I come under H1B cap exempt? As the H1B visa quota (65k)for this year is already finished, I cannot renew my visa if I am not cap exempt? So could some one please clarify on this? Or if some one has seen this kind of case, please throw some light on this. Also, I am copying below lines from one of the site:
    "H1B can be renewed as cap exempt only if not spent a full year outside US"
    Any body having any info on this?

    Thanks

  • #2
    Originally posted by getmukesh505 View Post
    Hi,

    I am out of US for around 2 years now. My H1B visa got expired around 1.3 years ago. Before that, I have stayed in US for around 1.5 years. So,I believe out of 5-6 years of my H1b petition quota, I still have few years to use. Now, my question is : can I renew my H1 visa and will I come under H1B cap exempt? As the H1B visa quota (65k)for this year is already finished, I cannot renew my visa if I am not cap exempt? So could some one please clarify on this? Or if some one has seen this kind of case, please throw some light on this. Also, I am copying below lines from one of the site:
    "H1B can be renewed as cap exempt only if not spent a full year outside US"
    Any body having any info on this?

    Thanks
    You are cap exempt wherein you will only get 4.5 years. Yes. H1B can be renewed under cap exempt as long as you had an H1B in the last 7 years.

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