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New H1B for L1

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  • New H1B for L1

    Hi
    I am on L1A Visa, completed my 7 years by Jan 2016. I am leaving back to India in Jan. As per the policy i need to wait for 1 year to re-enter to USA.

    Could you please suggest me for the below questions:

    1. Can I file a fresh H1B for April 2016 quota keeping my start date of work as Feb 2017?

    2. I was in USA year 2000-2001 on H1B and left USA in 2001. When i file a fresh H1B for Aril 2016, will come under the new quota or Can i apply any time? Will i Come under the 2016 H1B quota or not?

    Thanks a lot in Advance,

  • #2
    1. Can I file a fresh H1B for April 2016 quota keeping my start date of work as Feb 2017?
    >>> You can give that a try. People have done that in the past. If there is an RFE, your lawyer should be able to respond back appropriately.

    2. I was in USA year 2000-2001 on H1B and left USA in 2001. When i file a fresh H1B for Aril 2016, will come under the new quota or Can i apply any time? Will i Come under the 2016 H1B quota or not?
    >>> You need to file it under a brand new quota.
    Not a legal advice. Use of this information is strictly at your own risk.

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