regd filing New H1 after 6 years of H1

[infoqry]

Hello All,


I will be completing my 6 years of H1 in US and would leave to India in April 2012. I understand I can enter USA only after 365 days. But if I apply for H1 in 2013, I have Visa stamping only in Oct 2013 and than I can enter USA earliest in October, 2013. Am I eligible to apply for H1 in 2012 and have stamping in April 2013 and than can enter USA in May 2013.


Can someone please throw some inputs on this.


Regards,

[shervin143]

Your H1B effective date (that should be requested) need to be 365 days from the date on which you leave U.S (after spending 6 years in H1B in U.S) to get a fresh 6 year. H1B petition cannot be filed with the request for the effective date to be more than 6 months in the future.

[infoqry]

Your H1B effective date (that should be requested) need to be 365 days from the date on which you leave U.S (after spending 6 years in H1B in U.S) to get a fresh 6 year. H1B petition cannot be filed with the request for the effective date to be more than 6 months in the future.

Hi Shervin,


Thanks a lot once again for your reply. I want to make sure if I understood you correctly. First time when I applied for H1 Visa in India, I had the I-129 as Valid from 10/01/2005 to 09/30/2008. I entered USA in April, 2006.


My H1-B Visa gets over on April 20, 2012. If the employer applies for H1-B Visa on or after Oct 21, 2012 with start date or Valid from date as April 21, 2013 will it work. In the same scenario if I am in India, than can I go for stamping anytime from November 2012 once I have the H1 Petition approved.


Regards,

[infoqry]

Hi Shervin,


Can you please respond whenever you have a chance. As I am thinking about the best option of whether to still try for future GC versus New H1.


Regards,

[shervin143]

My H1-B Visa gets over on April 20, 2012. If the employer applies for H1-B Visa on or after Oct 21, 2012 with start date or Valid from date as April 21, 2013 will it work.
>>> It will work provided the CAP remain valid at that time. The lawyer who files the petition need to clearly document that they are requesting the start date in the future and you will complete 1 year outside U.S by that time to get a fresh CAP.

In the same scenario if I am in India, than can I go for stamping anytime from November 2012 once I have the H1 Petition approved.
>>> You can attend the visa interview as long as the petition gets approved and it remains valid. Since you can travel only after April 21st, it is advisable to go for stamping close to that rather than getting it way too early.

[infoqry]

Thanks Shervin. By your reply it looks like there is a possibility of H1-B Visa petition getting refused if applied after Oct 2012. Or do you think it is safe to apply for H1-B only after April 2013.
Incase if it gets refused than is the H1-B fees refunded.


Regards,

[shervin143]

The fee that you pay is a processing fee and not an approval fee. So irrespective of whether the petition gets approved or denied, you will not get the H1B fees back.

Thanks Shervin. By your reply it looks like there is a possibility of H1-B Visa petition getting refused if applied after Oct 2012. Or do you think it is safe to apply for H1-B only after April 2013.
Incase if it gets refused than is the H1-B fees refunded.


Regards,

[infoqry]

Shervin,


Can you please let me know if you have seen any cases like the one mentioned by me below where they have applied after October 2012 and the H1 Petition getting approved. Or do the people usually apply only after 365 days passed...like in my case after April 2013. I just want to understand all the angles before taking decisions. ( Things have not worked out for me well or else I should not have been looking at all this options. Appreciate to check your views in this cases. )


Regards,

[kabkaba]

Hi Shervin,
My H1-B Visa gets over on April 20, 2012. If the employer applies for H1-B Visa on or after Oct 21, 2012 with start date or Valid from date as April 21, 2013 will it work. In the same scenario if I am in India, than can I go for stamping anytime from November 2012 once I have the H1 Petition approved.

The above is correct. You can do that. This assumes you leave the US on or before April 20, 2012 and cap is open on Oct 21, 2012.

[infoqry]

The above is correct. You can do that. This assumes you leave the US on or before April 20, 2012 and cap is open on Oct 21, 2012.

Thanks for the reply and confirming about the validity. Appreciate it.