Return to USA on H1B after 1 year gap

[KaustubhChaturvedi]

Hi,

My last H1B visa (2nd term - 6 years) was due to expire in July 2011, but I came back to India in Jan 2011, so I have consumed 5.5 years of the 6 years allowed on H1B.

I now want to come back to USA. I have following questions
1.Will my case be CAP exempt or I will be subject to CAP, I am also a masters graduate from USA (but that exemption I used for my first H1B visa).
2. Will the 6 months that I was not in USA in my last H1B visa will be of any use.
3. If I am able to apply for visa in April, then will I have to wait till 1st Oct to start working or can start working as soon as visa is approved.

I would highly appreciate if you can respond soon.

Thanks,

Kaustubh

[raghvi]

Hi,

My last H1B visa (2nd term - 6 years) was due to expire in July 2011, but I came back to India in Jan 2011, so I have consumed 5.5 years of the 6 years allowed on H1B.

I now want to come back to USA. I have following questions
1.Will my case be CAP exempt or I will be subject to CAP, I am also a masters graduate from USA (but that exemption I used for my first H1B visa).
2. Will the 6 months that I was not in USA in my last H1B visa will be of any use.
3. If I am able to apply for visa in April, then will I have to wait till 1st Oct to start working or can start working as soon as visa is approved.

I would highly appreciate if you can respond soon.

Thanks,

Kaustubh

1. If you use the earlier H1 petition then it will be cap exempt but you will be able to get only 6 Months validity on that petition . If you want fresh 6 year term then yes you have be part of new cap.
2. Depends upon what you want to do as explained above.
3. If you want a Fresh visa with fresh 6 Years possible validity you would have to wait till Oct to work on that, provided your H1 is approved.

This is my opinion not legal advice.

[KaustubhChaturvedi]

Thanks!

Thanks Raghvi, this is helpful and in line with what I have been reading on other posts.