New H1 after completion of old H1.

USA H1B Visa
1

Hi,

I spent 3 years (out of 6 years) on H1 petition ‘A’ and went to India in 2013 and spent close to 2 years.

Again I have come back to US on petition ‘A’ in 2015 May with another 3 years of extension which is valid until June 2017. So I have 2 years of gap for the same petition.

So can I apply for fresh H1 in 2017 April quota by staying in US itself?

If yes, and it is picked in the lottery can I continue to work for another 3 years (which is 6 years together combining petition ‘A’ remaining 3 years and new petition ‘B’ 3 years (out of 6 years)?

If above answers yes, then what would be my start date on petition ‘B’. In general it is from October 1st.

I did not see similar situation questions in this forum. Please if anyone has same situation and has clarity of this please answer.

2

If you apply in 2017 April quota, your clock will not be reset. Even though you stayed outside US b/w 2013 and 2015, yet you used a previously approved petition in 2015 to enter US. Had you gone through quota in April 2015 instead of using extension, your clock would have been reset.

You get 6 years on H-1. It can all be through A or mix of A and B, or mix of A, B and C.

Does that make sense?

3

Thanks a lot Saurabh for your quick response…appreciate it…