New H1B visa application after 6 years on first H1B

[anilsqueries]

Hello,

My current VISA expires in Sept 2015. I am expecting an extra 5 months (may be tilll Feb 2016) on my current H1B visa. I understand that I have to be outside US for a period of 365 days.

When new H1B applications go through a lottery system in April (decision made in April but application filed from Jan), once picked for lottery, the applicant can expect to start working from October.

In my case, can I ask my employer to apply for my next H1B when I return India in February 2016, if I am lucky to get my application picked (on lottery), get my H1B visa approved, but fly back to US in Feb 2017 ?

Or, should i wait till Feb 2017 to apply for next H1B ?


Anil

[raghvi]

Hello,

My current VISA expires in Sept 2015. I am expecting an extra 5 months (may be tilll Feb 2016) on my current H1B visa. I understand that I have to be outside US for a period of 365 days.

When new H1B applications go through a lottery system in April (decision made in April but application filed from Jan), once picked for lottery, the applicant can expect to start working from October.

In my case, can I ask my employer to apply for my next H1B when I return India in February 2016, if I am lucky to get my application picked (on lottery), get my H1B visa approved, but fly back to US in Feb 2017 ?

Or, should i wait till Feb 2017 to apply for next H1B ?


Anil

The rule is that one files in the Fiscal Year that falls after completion of 365 days period.

H1B Cap window opens on First Working Day of April of each year. So your employer can only file on 01-Apr or later. The LCA can be processed early but actual application can only be filed 01-April or later.
Also, I believe in order to reset your clock you would have to Apply in April 2017 with a start date of Oct 2017.

This is my opinion not legal advice.