fresh H1B after 6 years term

[ganganr]

Hi,

I will be completetig my 6 years on may 27 2013. Planning to go back to India on may 1st week.


Can my company apply for fresh H1 on coming april 2013 quota ? and come back by next year may for completeing 1 year out of US criteria.

Please let me know my best case ad worst case scenario.

Thanks a lot for your help in advance

[raghvi]

Hi,

I will be completetig my 6 years on may 27 2013. Planning to go back to India on may 1st week.


Can my company apply for fresh H1 on coming april 2013 quota ? and come back by next year may for completeing 1 year out of US criteria.

Please let me know my best case ad worst case scenario.

Thanks a lot for your help in advance

I am afraid not. In order to get fresh H1 for 6 Years you should stay out of US for one full year before applying for new H1 petition. You would be able to file only in April 2014 with earliest start date of 01-Oct-2014.

This is my opinion not legal advice.

[kabkaba]

The above is correct.