I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 till 2023 for Milwaukee.Because of new location as per client requirement (Same client) & salary mismatch, I had to file the amendment for Atlanta and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer’s immigration team, I came to know that USCIS has used the remaining 9 months (323 days) on the first H1B 2013-2018. My queries are:
- Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
- Will my new visa be applicable once I spend 9 months of time in US? New H1B 2020 still active which was picked in lottery and stamped for 3 years.
- Is there a way I can opt in time duration on the current visa only?
- My Employer is asking to travel US for 9 months and file an extension before 6 months of visa expiry for full 3 years, but how does will USCIS will do calculation ? USCIS will allow to file extension using new H1B visa 2020 ?
- What are the option left for me ?