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H1 B after 6 years stay

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  • H1 B after 6 years stay

    Hello,

    I have returned last August (2012) from the US after a stay of 8 yrs on f1/H1B. I had not initiated any processes for Green Card, however I would like to get back to the US under H1B again. Since I had completed my MS I "had" come under the additional 20k visas. My question is:

    1. If there is a company willing to sponsor me "now" (at this point in time), can I apply for the H1B right away or do I need to wait until I finish the one year "waiting period" since I have finished my 6 year stint, which is Aug 2013. The question, for more clarity is though I am out of the country right now, even to "just apply" do I have to wait a whole year (though its almost that time).
    2. Also, which category will I fall under, is it the additional 20k visas or the regular cap or the lottery system.
    3. If it is the additional 20k, do I still need to wait until October of this year just to apply, cos I will have to inform the company of the delay.

    Appreciate if someone or any of the attorney's at immihelp can answer these questions for me.

    Thanks
    usreturn

  • #2
    Originally posted by usreturn View Post
    Hello,

    I have returned last August (2012) from the US after a stay of 8 yrs on f1/H1B. I had not initiated any processes for Green Card, however I would like to get back to the US under H1B again. Since I had completed my MS I "had" come under the additional 20k visas. My question is:

    1. If there is a company willing to sponsor me "now" (at this point in time), can I apply for the H1B right away or do I need to wait until I finish the one year "waiting period" since I have finished my 6 year stint, which is Aug 2013. The question, for more clarity is though I am out of the country right now, even to "just apply" do I have to wait a whole year (though its almost that time).
    2. Also, which category will I fall under, is it the additional 20k visas or the regular cap or the lottery system.
    3. If it is the additional 20k, do I still need to wait until October of this year just to apply, cos I will have to inform the company of the delay.

    Appreciate if someone or any of the attorney's at immihelp can answer these questions for me.

    Thanks
    usreturn
    This years H1 quota has got over for advanced degree as well as regular one, as It is you have to wait till next year April in 2014 in order to start fresh H1 petition.
    This is my opinion not legal advice.

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