When new H1-B can be applied, after 6 years on prior H1-B

[jaimatadi]

Hi,

On one/same H1-B visa, I have worked in USA on few assignments.

In between 2 assignments, I was out of United States for more than 1 year.
However, while returning, I came back on same H1-B.
As of now, I have consumed approximately 5 years and 10 months on same H1 B visa, excluding all stay out of USA.
My current employer is working on filing my PERM; but it is not filed yet.

I am currently out of United States since Sep 2012.

I want to know -

1) Can I apply for new H1-B visa via same/new employer in Apr 2013?
If yes, then, when can I start working on that H1-B if approved? Is that Oct 2013?

2) If I can not apply for new H1-B in April 2013, then, when can I apply for new H1-B?

[jaimatadi]

When new H1-B can be applied, after 6 years on prior H1-B

Reposting as there is no reply yet.

Hi,

On one/same H1-B visa, I have worked in USA on few assignments.

In between 2 assignments, I was out of United States for more than 1 year.
However, while returning, I came back on same H1-B.
As of now, I have consumed approximately 5 years and 10 months on same H1 B visa, excluding all stay out of USA.
My current employer is working on filing my PERM; but it is not filed yet.

I am currently out of United States since Sep 2012.

I want to know -

1) Can I apply for new H1-B visa via same/new employer in Apr 2013?
If yes, then, when can I start working on that H1-B if approved? Is that Oct 2013?

2) If I can not apply for new H1-B in April 2013, then, when can I apply for new H1-B?

[raghvi]

Hi,

On one/same H1-B visa, I have worked in USA on few assignments.

In between 2 assignments, I was out of United States for more than 1 year.
However, while returning, I came back on same H1-B.
As of now, I have consumed approximately 5 years and 10 months on same H1 B visa, excluding all stay out of USA.
My current employer is working on filing my PERM; but it is not filed yet.

I am currently out of United States since Sep 2012.

I want to know -

1) Can I apply for new H1-B visa via same/new employer in Apr 2013?
If yes, then, when can I start working on that H1-B if approved? Is that Oct 2013?

2) If I can not apply for new H1-B in April 2013, then, when can I apply for new H1-B?

1. No.
2. You can apply in April 2014 with start date of 01-Oct-2014 or later.

This is my opinion not legal advice.

[jaimatadi]

When new H1-B can be applied, after 6 years on prior H1-B

Why do you think I can not apply in 2013 CAP which will be effective in Oct 2013?

[jaimatadi]

When new H1-B can be applied, after 6 years on prior H1-B

Repost -

1) Why do you think I can not apply in 2013 CAP through which H1 will be effective in Oct 2013?

2) If H1 can not be applied in 2013, in that case will my employer be able to process L1? (Of course assuming employer identifies different work/assignment/responsibilities which are aligned with L1 regulations/responsibilities)

[raghvi]

Generally in such cases in addition to regular documentation advisable to provide evidences of completion of 1 Year outside stay, and it would be difficult to do so in April 2013 when actually you will be completing 1 Year outside stay only in Sep 2013. I suggest you follow up with a good attorney to determine your eligibility for fresh 6 Years in 2013 cap itself.

This is my opinion not legal advice.

[jaimatadi]

Completing 1 year out of USA - can I first go on H4 and then on L1-B?

Hi,

I will be completing 1 year out of USA very shortly.
I have H4 stamped considering my spouse's visa. I am currently in India.

My employer is planning to process L1-B for me. L1-B will be probably done in couple months.

In that case, while L1-B is in process, can I visit USA on H4 as soon as I complete 1 year out of USA? Will there be any issue on my L1-B if I visit USA on H4?

Thanks.