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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28818
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Will I be able to get an extension on my current H1- without

Customer Question

Will I be able to get an extension on my current H1-B without going through the H1-B cap after staying out of the US for an year and if so for how many days will I get my extension ? Please see file - Attroney_Question.txt for more details.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

This question is missing something. All your time on the L1 counts towards the H1B 6 year maximum.

Since you have a total of 6 years in October 2015 you have to reset the clock by leaving for one year and having a new petition filed under the lottery cap and getting selected.

It seems you are not counting your L1 time against your 6 year max.


Customer: replied 1 year ago.
Hi Judith,I will simplify my question a bit.. As per my understanding if a person has an approved H1B with a cap subjected limit in past 6 years, he or she can use the same H1B application/petition for further extension. In my case, my cap subjected H1B was approved on 11/04/2011 so will I be able to use it for another extension if I leave US today and come back after an year ?If it was as simple as straight 6 years on H1B, I would not be asking this question.Regards,
Manoj Mishra
Customer: replied 1 year ago.
I will be posting my question again, please DO NOT answer that question, I want some other views on that. You seem to be prejudging the scenarios.