H1 visa advise...

[irsmeraj]

Hi,
I am here on H1 Visa which is valid till Sept 30, 2011(6 years). I did not apply for greencard due to lot of reasons. Now as the market is not good my employer asked me to go to India which I may do.

Now my questions are
1. if I leave to india before sept 2010, Can I apply for fresh H1 with same company next april with valid date of oct, 2011 as I will be physically out of country for whole year (sept 2010 to Sept 2011)

2. What do I or my company need to do with my current visa, like termianting or something so we can apply for fresh H1 visa next april.

Please advise.

[sk4ih]

1. Yes.
2. Do nothing. It expires by then.

[shervin143]

1. if I leave to india before sept 2010, Can I apply for fresh H1 with same company next april with valid date of oct, 2011 as I will be physically out of country for whole year (sept 2010 to Sept 2011)
>>>When your H1B application is taken for processing you should have stayed 1 year out of U.S to get a fresh 6 year term.

2. What do I or my company need to do with my current visa, like termianting or something so we can apply for fresh H1 visa next april.
>>> If your no longer work for that employer, then USCIS want the employer to revoke that petition. But that is the employer's responsibility.

[irsmeraj]

Confused

Thanks for the replies to you both.....but seems like you both giving different answers for the questions.
1. I thought I should stay out of the country for 1 year i.e, to the start of the fresh 6 year term. According to sherving, I have to wait for one full year out of country before I even apply. Please advise which one is correct.....
2. If my employer revokes my current H1 now and applies for fresh H1 again next year will that be a problem.

Again thanks for your response your help is greatly appreciated....

[shervin143]

If my employer revokes my current H1 now and applies for fresh H1 again next year will that be a problem.
>>> No issues.

[irsmeraj]

Thanks Shervin,,,,,what about applying for fresh H1 in next april is it ok...seems it is not per your first reply......please advise......

[shervin143]

As per my knowledge, you should have completed 1 year outside U.S when you application is taken for processing to get a fresh 6 year term.

Thanks Shervin,,,,,what about applying for fresh H1 in next april is it ok...seems it is not per your first reply......please advise......

[irsmeraj]

Thank you Shervin.......I was hoping I could apply again for fresh H1 next april.... I thought the 365 days is between the the time you leave to the start of the new H1......Thanks to Sh4kh....