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New H1B Filing after 6 yrs on first H1B

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  • New H1B Filing after 6 yrs on first H1B

    My current H1b is going to expire in July 2013 (including the out of country days). July 2013 will be the 6th year on my current H1b. My two labour applications - one after another are audited and rejected, so there is no way that I can extend my H1b in 7th yr.
    Third labour application just started but with very little chances due to total time left in hand till July 2013.

    When can I file my new H1B after July 2013 ? Can I move to India in Aug 2013 and file new H1B in April 2014 (even though I am NOT out of USA for 1 yr )? Since "New" H1B will be effective from Oct 2014 , I am definitely going to complete my 1 yr out of USA.
    Can I file in April 2014 or do I have to wait until April 2015 ?

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