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Posted on 07 Mar 2011
Q.

New H1B Filing

My wife currently holds a H1B visa and she has used it in multiple segements as follows:
First Entry to USA : April 2004
First Exit from USA : June 2005

Second Entry to USA : Oct 2005
Second Exit from USA : Jan 2006

Third Entry to USA : Sept 2007
Third Exit from USA : Not yet (Still in USA)

After accounting for her time periods as above, she will be exhausting her 6 years of H1B in Oct 2011.My quest. is:

Can she file for a new H1B while still being in the US because she was out of the country from Feb06 till Aug07(More than a year?)I understand that she will be subjected to cap but isn't she eligible for a a New H1B Visa filing bcs. she has fulfilled the requirement of physically being out of US for more than a year.New H1B shd. be good till Sept2013(Last Entry was Sept07)

User's Location: GRAND RAPIDS, Michigan, United States of America
Category: H1B Visa (Work Visa)
Posted on 07 Mar 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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