I have completed 6 years in H1B status. My LC is being appealed with BALCA. If I go back to India for one year, and then wish to return in H1B status, do I have to go through the lottery again? If not, how much H1B time will I get?

Answer

A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending, she would be eligible for a one-year extension. But, the same holds true if she remained in the U.S. during that period. The year abroad gives the option of resetting the 6-year H1B clock. But, this means having to file a cap-subject case (i.e. applying through the H1B lottery). (18.Apr.2016)

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