回複:請問xiaobaitu等大俠 - 關於離境一年後H1簽證狀態reset問題

來源: 2008-03-04 07:58:48 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:

Although you may have option to reset 6-year H-1 after being outside of US for over 1 year, it should be pre-determined at the processing of I-129.

Because if you choose a fresh 6-year H-1, then you are subject to cap which may affect the approval of I-129. Thus I believe your I-129 was approved assuming you were using the existing cap, which implies you were resuming the existing 6 years H-1.

When you apply the H-1 visa this April under the I-797 approval notice which was issued before your staying outside of 1 year, you will be having whatever left of your H-1 status.

If your H-1 is cap-exempt, it might be different.