H1-B extension

JMMM

New Member
My brother is in India with an approved H1-B, never got the stamping done in India and did not come to the US to work. Now his H1-B(3 years) term is over.

If he wants to apply for his H1-B again, will the petition be treated by USCIS as a fresh one and subjected to quota OR will it be treated as an extension since the H1-B is already earmarked for him and will be treated as a renewal?

Appreciate your help!
 
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