Can one use same H1B petition for extension after 6yr stay in US and 1yr gap outside

[sharma_rita]

Hi All

If a person stays in USA on H1B for 6 yrs labor is already filled for extension But instead of doing extensions stays outside USA for one year ,Then can he use the same old H1b petition after one year and apply for extension on the base of labor and get it approved ,Or he will have to file fresh H1b petition .

I mean if a person is able to use his old H1b petition and able to extend it then he is out of issues regarding H1b cap ,filing date(1st April and start date Oct 1st)

Thanks!

 

[GotPR?]

To extend H1, one must be on H1 status in the US. Since s/he already used up 6 years and out of the US now, I do not think s/he can extend H1 any longer. It should be fresh H1 case.

 

[ginnu]

Hi All

If a person stays in USA on H1B for 6 yrs labor is already filled for extension But instead of doing extensions stays outside USA for one year ,Then can he use the same old H1b petition after one year and apply for extension on the base of labor and get it approved ,Or he will have to file fresh H1b petition .

I mean if a person is able to use his old H1b petition and able to extend it then he is out of issues regarding H1b cap ,filing date(1st April and start date Oct 1st)

Thanks!

- to file H1 extension one need to be in US and it has to be filed BEFORE expiry of I-94