General

Can I reenter US on H1B?

Can I reenter US on H1B?

An H-1B holder who has current H-1B classification (either initial or extension) may reenter the U.S. with an expired H-1B visa stamp after a trip solely to Canada or Mexico (not to U.S. territories/ the islands in the Caribbean) that lasted no more than 30 days (22 C.F.R. § 41.112(d)).

Can you apply for H1B twice?

Do not apply for multiple H1B petitions through the employer and its affiliated companies. For H1B visas, petitioning more than one time actually has an ADVERSE effect — it can hurt your chances at getting an H1B visa.

How many times H-1B visa can be extended?

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The maximum duration for which an H1-B Visa is given is six years. An H1B holder is initially given permission to stay in the United States for three years. After the lapse of three years, an H1B holder can opt for an extension by another three years.

Can we file I-140 and H1B extension together?

Yes. That is generally true you can apply for I140 in premium processing and H1B extension I129 in regular processing. These two processes are independent of each other. Unless you’v Completed 6 years of your stay on H1B and have no days left to recapture.

Do you qualify for an H1B extension beyond the six year maximum?

Once the six-year maximum is reached, the H-1B worker must leave the U.S. for at least one year, after which they will be eligible for a new H-1B visa. However, under the American Competitiveness in the Twenty-First Century Act (AC21), some H-1B holders are permitted to extend their status beyond six years.

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Do you have to stay outside the US on H1B?

Yes, once you have worked for 6 years on the H1B you must stay outside of the country for a full year before applying for another term. But make sure you have actually used up your 6 years. To calculate the amount of time you have used from your H1B add up all the days you were physically present in the US in H1B status (or in L1 status).

What happens after 6 years on H-1B visa?

Once your 6-year cap is hit, you will have to leave the country, and wait for a year for the H-1B clock to reset, and then return by filing for a fresh H-1B visa. Note that the law stipulates explicitly, that you need to stay outside of the U.S for a year before you can return on a new H-1B.

Can I transfer my H-1B visa to another country?

Note that the law stipulates explicitly, that you need to stay outside of the U.S for a year before you can return on a new H-1B. Thus, transferring your H-1B visa to another type, say a tourist visa or a H4 visa dependent on your spouse’s H-1B for a year, will not count towards this 1 year hiatus mandated before a new H-1B visa can be applied for.

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Can I reclaim unused time from a previous H1B job?

If you have had H1b status in the past and have unused time you would like to try to reclaim, it is in your interest to make every effort to get a cap-exempt petition filed on your behalf within 6 years of the day you left your prior H1b job.