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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Exclamation H1B Expiry

    Hi,

    I had my H1B approved in 2006, but came to US only in 2008, when the H1B was expiring. Applied for H1 extension but got a denial. So I went back to India and came back on a L1. Now what is the status with my H1? If I find a new employer, can I still use the same H1?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1B Expiry

    The status is you didn't get an extension after it expired, so it's expired.

    As long as you weren't in H1 status for six years (and your employer wasn't cap-exempt), you've been counted against the cap so you can get a new H1 without being counted against the cap again.

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