Fresh H1B query

[h1l1query]

I was in USA working for my employer based in India. The total duration of my H1B stay is 5 years and 8 months. I returned in October 2011 and my H1B expired in January 2012.
My employer stated that I will be able to file H1B under the new cap but that H1B would be valid only for 4 months.
Questions:
1. When can I apply for fresh H1B so that it starts fresh with 6 years of stay?
2. What would happen if L1 is applied in such a case? Can L1 be applied immediately and would I get 5 years stay on that visa?

[shervin143]

1. When can I apply for fresh H1B so that it starts fresh with 6 years of stay?
>>> You can file a new H1B on or after April 1st and the employment start date will be Oct 1st or later. The requested employment start date should be 1 year from the date you left U.S.

2. What would happen if L1 is applied in such a case? Can L1 be applied immediately and would I get 5 years stay on that visa?
>>> You do not qualify for L1 until you spend 1 year outside U.S.

[h1l1query]

1. When can I apply for fresh H1B so that it starts fresh with 6 years of stay?
>>> You can file a new H1B on or after April 1st and the employment start date will be Oct 1st or later. The requested employment start date should be 1 year from the date you left U.S.

Thanks. Would I get 6 years of stay on my H1B if the employment start date is 1 year from the date I left U.S.? I am not sure how the employment start date is decided. Does one have to explicitly request that?

[shervin143]

Thanks. Would I get 6 years of stay on my H1B if the employment start date is 1 year from the date I left U.S.? I am not sure how the employment start date is decided. Does one have to explicitly request that?
>>> In order to get a fresh 6 year period, you need to stay out of U.S for 1 year. That is why your employer need to request a start date which is 1 year from the date you left U.S. Employer can request an effective date upto 6 months in the future.

[h1l1query]

Thanks a lot for your inputs.

[jitendra22]

if previous company is out of business how the VISA verification will be done

if previous company is out of business how the VISA verification will be done. please reply soon

[shervin143]

Companies going out of business is not new and consulate is well aware of these situations. As long as your experience is genuine, you need not worry about how they will prcess such cases.

if previous company is out of business how the VISA verification will be done. please reply soon