H1 B query urgent

[jamesreuben72]

Hi Guys I have two questions please help me..

1)IF X has H1 B visa valid from 2011 April...to 2014 April....Now X decided to go on H4 visa and want to apply for NEW H1 b visa(don't want to use old H1 B quota) in April 2015 Quota is it possible ? So Is X eligibile for another six years...? or X should go phsically Outside USA for one year to apply for New H1 B...?


2)I am having visa valid from Oct 2006 to Oct 2009 But I have used only one year so I came back in Oct 2012 and using my Old H1 B Quota.so can I extend my visa after six years as the rule of staying outside USA for one year is fine for me....or i am interpreting it as wrong...?

Can I go to H4 in my 5 th year of visa and apply for new H1 B in sixth year is it possible..? please reply asap

[raghvi]

Hi Guys I have two questions please help me..

1)IF X has H1 B visa valid from 2011 April...to 2014 April....Now X decided to go on H4 visa and want to apply for NEW H1 b visa(don't want to use old H1 B quota) in April 2015 Quota is it possible ? So Is X eligibile for another six years...? or X should go phsically Outside USA for one year to apply for New H1 B...?


2)I am having visa valid from Oct 2006 to Oct 2009 But I have used only one year so I came back in Oct 2012 and using my Old H1 B Quota.so can I extend my visa after six years as the rule of staying outside USA for one year is fine for me....or i am interpreting it as wrong...?

Can I go to H4 in my 5 th year of visa and apply for new H1 B in sixth year is it possible..? please reply asap

1. Need to be physically outside for 1 Full year in order to be eligible for fresh 6 Year H1.
2. Rule says one needs to apply in fresh H1 cap after staying outside for 1 Full year in order to be eligible for fresh 6 Years. One cannot have a 2011 petition, spend 1/2/3/4/5 Years on it in US till 2012/13/14/15/16, stay out from 2016 til 2017 and then get another 6 Years on the same petition one would need to apply fresh petition in 2017 in order to get fresh 6 Years.

This is my opinion not legal advice.