回复：请问xiaobaitu等大侠 - 关于离境一年后H1签证状态reset问题

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.

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• thanks! If i understand you correctly, -dwywtd- ♀ (148 bytes) () 03/04/2008 postreply 08:30:52