If I stayed only for 3 months on an H1 visa and it expired, is it possible to get an H1 based on the same petition?

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If I stayed only for 3 months on an H1 visa and it expired, is it possible to get an H1 based on the same petition?

I got H1B visa 5 years ago but I was in the US only for 3 months, then I returned back to India. My H1 expired 2 years ago and then my company filed an L1B for me. Currently I am on an L1B visa on assignment and soon will be moving out to another. Since I stayed only for 3 month on H1B visa, can I get H1 visa on the same petition, or what are the other options available to get an H1?

Asked on February 10, 2012 under Immigration Law, Illinois

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can get additional time in H-1B status if you have not used up all of your status yet.  Keep in mind that L-1 and H-1B time count toward the same maximum.  Also, if that petition has already expired, a new petition would need to be filed on your behalf in order for you to get back into H-1B status and you would now be subject to the annual quota, meaning that the earliest time a new H-1B could be filed would be April 1, 2012 with a start date of employment of no earlier than October 1, 2012.


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