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H1b - H4 - F1 - India ------- H1b Eligible ??

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  • H1b - H4 - F1 - India ------- H1b Eligible ??

    Hi Gurus,

    I have a quick question..

    My situation is i was on H1b visa and completed my 6 years on H1b. (2006 - 2012)
    Later i switched to H4 visa as my spouse was working on H1b..
    then i wanted to study and converted my H4 to F1..

    I moved back to India last year May -- May 2014
    and here i have joined an IT services company..

    Now my company wants to file for my H1b visa...

    My question is Am i eligible for H1b ... because H1b filing will be on 1st April 2015 but i returned back to India in May 2014 ..
    I know the rule is to stay out of US for 1 year or more..

    Are the dates counted from the day you land in India to the Next years April 1 ??

    P.S - I did not apply for Green Card..

    Thanks in Advance !!

  • #2
    Originally posted by monkonmission View Post
    Hi Gurus,

    I have a quick question..

    My situation is i was on H1b visa and completed my 6 years on H1b. (2006 - 2012)
    Later i switched to H4 visa as my spouse was working on H1b..
    then i wanted to study and converted my H4 to F1..

    I moved back to India last year May -- May 2014
    and here i have joined an IT services company..

    Now my company wants to file for my H1b visa...

    My question is Am i eligible for H1b ... because H1b filing will be on 1st April 2015 but i returned back to India in May 2014 ..
    I know the rule is to stay out of US for 1 year or more..

    Are the dates counted from the day you land in India to the Next years April 1 ??

    P.S - I did not apply for Green Card..

    Thanks in Advance !!
    I dont think you will be eligible as of 01-April as you would not have completed 1 full year of stay outside.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks Raghvi !!

      Originally posted by raghvi View Post
      I dont think you will be eligible as of 01-April as you would not have completed 1 full year of stay outside.

      This is my opinion not legal advice.
      My understanding was the same.. but still wanted to check with Experts ..

      Thanks for your reply !!

      Comment

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