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New H1B after 6 years used

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  • New H1B after 6 years used

    Hello everyone,

    Here is my situation and would appreciate everyone's advice:

    My existing H1B has expired and I have used up over 5 years on that H1B. I am planning to go to India for a year to satisfy the condition of 1 year out of US. Now, I have the following questions with the basic assumption that the 2013 quota is not exhausted till let's say Jan 2013:

    1. When can an employer apply for a new H1B (with validity of 6 years) the earliest?
    2. Must I complete 1 year out of US before anyone can apply for a new H1B visa and for this must I leave US before 1st Oct 2011?
    3. When would be the last date to apply for a new H1B visa for a start date of 1st Oct 2012 assuming that the quota is not exhausted?

    Thanks a lot in advance

  • #2
    Your requested start date must be at least 1 year away from the last date you were present in the US.
    Petition can be filed max 6 months before the requested start date.
    Cap for the financial year corresponding to the requested start date must be open on the day USCIS receives the petition.
    Financial year is from Oct 1 to Sep 30.

    Consider the above and do your math.
    This is my opinion and not legal advice.