Asked on Feb 24th, 2016 on Immigration - North Carolina
More details to this question:
I initially came on H1 Visa in 2005 and went back to my home country in 2010. 5 years of my visa was used. Recently I have claimed the 1 year and back in US, which is valid till feb 2017. My question is, can my company file for a new H1 (Uncapped) for 2017, while I am still working for them with the 1 year (renewed cap exempt visa).
Unless there are extenuating circumstances such as 365 days passing since a labor certification application was submitted or an I-140 preference petition being approved for a person from a country with backlogged quota, you would not be able to extend the maximum six-year period on the H-1B visa by having your company file for a new H-1B (capped or uncapped) in 2017.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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