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    Vennela's Avatar
    Vennela Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 10, 2011, 12:34 PM
    H1 B Status - File New one or Transfer ?
    I held an H1 B Visa from 2006 to 2008. I worked in the US from for 1 year from 2006 to 2007. I had to return to my home country and my visa expired in 2008. I have been out of US for more than a year and now I am on H4 status (not employed currently) and I would like to know the below:

    1. Am I eligible to renew my previous H1 visa. Will my visa petition be considered as an extension of my previous H1 B?
    2. Will my application fall under the cap exempt or will I be subject to cap limit
    3. If the above fail, what other options do I have?

    *** guide.

    Thanks.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #2

    Feb 10, 2011, 04:09 PM

    You don't renew, you file again. Since you were counted on the FY2006 cap, you are OK to file now.

    "cap exempt" is an immigration term with a specific definition, having to do with the petitioner usually being affiliated with an institute of higher education, I don't think this is what you are referring to. Please correct me if I am wrong. The FY2011 cap was hit about 2 weeks ago, so you are lucky.

    Other options for a similar NIV classification depend on country of citizenship. Singapore, Chile, Canada, MX, Australia?
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