New H1B after 6 Years of Stay

[rajesh_78]

Hi

My 6 years stay will be completed in June 2014 (Recaptured all the time).

My question sincere question is

1) If I leave the country in June'2014, am I eligible to apply the H1B again in April 2015 and return to US in OCT 2015 (My assumption is outside the country period JUNE2014 - OCT2015, which is more than 365 days)

2) If I leave the country in April 2014 (end of the month) and, Am I eligible to apply the new H1B in April 2015.

3) Do I need to leave the country in March 2014 and apply the H1B in April 2015 & return to US in OCT 2015.

Please suggest me which one will work for me in these scenarios. I would like to apply the new H1B in April 2015.

regards
Rajesh

[raghvi]

Hi

My 6 years stay will be completed in June 2014 (Recaptured all the time).

My question sincere question is

1) If I leave the country in June'2014, am I eligible to apply the H1B again in April 2015 and return to US in OCT 2015 (My assumption is outside the country period JUNE2014 - OCT2015, which is more than 365 days)

2) If I leave the country in April 2014 (end of the month) and, Am I eligible to apply the new H1B in April 2015.

3) Do I need to leave the country in March 2014 and apply the H1B in April 2015 & return to US in OCT 2015.

Please suggest me which one will work for me in these scenarios. I would like to apply the new H1B in April 2015.

regards
Rajesh

I believe among the options, option 3 is what will make you eligible for filing a fresh H1 in April 2015 with a start date of Oct 2015. Advisable to avoid even small trips to US during that period.

This is my opinion not legal advice.