H1B reapply after exhausting 6 years

[serene]

Hi,

I am currently in the US on H1B and would exhaust 6 years on 1st Sep 2014. I would like to come back after spending some time in India.
There is no Green card processing/PERM etc. initiated till date
1. Can I apply for H1B in the next year quote in April 2015? Since usually H1B start dates are 1st October that would be over 1 year since I left US
2. Can a potential employer (not working with them curently) initiate Green card processing while I am in India for this 1 year period? In that case can I apply for H1B in April 2015?

Any response is much appreciated!

[abhijit.dahiya]

Hi Serene,

You need to have a min of 1yr gap after leaving USA before you could file your papers again.

Assuming you are back on 1st Sept 2014 then you could only apply for any type of Visa for USA only after 2 Sept 2015.

Regards,
Abhijit

[serene]

Thanks! In that case, Can a potential employer (not working with them curently) initiate Green card processing while I am in India for this 1 year period? In that case can I apply for H1B in April 2015?

Hi Serene,

You need to have a min of 1yr gap after leaving USA before you could file your papers again.

Assuming you are back on 1st Sept 2014 then you could only apply for any type of Visa for USA only after 2 Sept 2015.

Regards,
Abhijit

[raghvi]

Thanks! In that case, Can a potential employer (not working with them curently) initiate Green card processing while I am in India for this 1 year period? In that case can I apply for H1B in April 2015?

This is not how it works. Merely applying GC doesnt allow you to enter US, even for those folks whose GC is under process for past many years need a visa to travel into US. You would be eligible for filing fresh H1 petition only after completing 1 Year outside US.

If you are looking at a fresh H1 then you may not be able to apply till April 2016 as it seems 2015 cap will also get filled pretty fast, that is, before your 1 Year outside stay completes in Sep 2015.

If you want to travel into US earlier than Oct 2016 you have to do few things:

1. Get the employer to file GC ASAP.
2. Do not exhaust your 6 Years H1 stay.

Assuming your PERM is filed by August End 2014, then you should leave at that time keeping 1 Month remaining on H1, and in Aug 2015 either your I140 would have been approved or your PERM would have been pending for more than 1 Year. In either of the cases, as you haven't exhausted your 6 Year limit, you can seek current H1 extension and if approved can travel by Sep 2015 avoiding a potential lottery.

This is my opinion not legal advice.