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After 6 years of H1 Stay, new H1b can be applied after 365 days or before ?

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  • After 6 years of H1 Stay, new H1b can be applied after 365 days or before ?

    I am currently in USA on L1A visa and I have completed 6 years in June 2007 and now I have entered into 7th year (final year with L1A) of stay in USA.
    I am planning to return back to India in Dec'07 and wish to apply for new/fresh H1B during April of 2008 for FY2009 H1B quota.

    (1) My question is will I be eligible to apply (in other words submit application) from India for new/fresh H1B visa in April 2008 for FY2009 H1B quota ?

    2). If I am eligible to apply, do I need to stay in India for 365 days ,
    before appearing for the visa stamping, in order to get another 6 years ?.

    3). If I am not eligible to apply H1B in 2008 April , do I need to stay 365
    days in india , and then apply for H1B in '2009 April' for FY2010 quota ?.

    Thanks in advance.

  • #2
    To get the visa in Apr 2008 you need to have stated out of country for a year from start date. So to be safe you will need to depart by 30 September 07 to be eligible to apply in Apr 08.

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