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H-1B VISA - 6 Years Clock Reset

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  • H-1B VISA - 6 Years Clock Reset


    I came to US from Company A in Sep-2007 and stayed till 01-Jan-2010. (H1 was extended in US and was valid till Nov 2011.)

    In india switched to Company B in Nov 2010 and started VISA transfer process and it got approved in Jan 2011.

    My new I-797 says
    Receipt Date : 19-Jan-2011 (So, this is the date when USCIS received my application)
    Notice Date : 08-Feb-2011 (This is when my petition approved)

    My new I-129 says "CAP H-1B Bachelor's Degree" for the question on Numerical Limitation (i.e. H1 CAP).

    Also the date on I-129 after attorney's sign is 07-Jan-2011 as shown below. (I believe, this is when my H1 transfer case was prepared.)


    This means my H1 transfer was filed under new CAP, and i was in India for 365+ days when my case was prepared.

    In 2011, H1B CAP reached on 26-Jan-2011 (source :

    So, my case was filed before the H1 CAP was reached. But it was approved only on 08-Feb. So, not sure if mine was considered under new CAP or not.

    I have been staying in the US on new VISA since Mar-2011.

    I would like to know if my VISA transfer happened under New CAP or not? i.e. Am i going to get 6 years on my new VISA or not?

    Thanks in advance
    Last edited by sanaths81; 10-11-2013, 01:08 PM.

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