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When can one apply for H1B again once 6 years quota is over?

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  • When can one apply for H1B again once 6 years quota is over?

    Hi,

    My H1B expires in next month. I have utilized the 6 years stay limit. What are the rules about applying fresh H1? Do I have to wait for some time before applying? I had heard about taking 1 year gap but not sure if that is for applying fresh H1B or for entering the states with fresh H1B. Any information would be appreciated.
    Thanks.

  • #2
    Yes, you will have to spend 1 year outside the US.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by pritu_sisodia View Post
      Hi,

      This query is about applying fresh H1B. I had sent you an email in past mentioning that my stay in US for 6 years was completed. But when I calculated it, I realized that I was in USA for a total period of 5 years and 9 months - on and off from Apr 2004 to Oct 2011. My H1B expired on 14th November 2011. I understand that if one has stayed in USA for 6 years then 1 year cooling off period is required to file fresh H1B. In my case the time spent is 3 months short of 6 years. So would I still be required to satisfy cooling off period? Or will I be eligible for applying fresh H1B starting April 2012 provided all other conditions/rules of my employer/company are satisfied? Pls let me know.
      First of all, fresh H1 petition cannot start before Oct 1.
      Secondly, your employer can claim the remaining 3 months at any time, but after spending 3 months in the US, you will have to spend another 1 year outside to qualify for fresh 6 years under new cap.
      If you left the US in November 2011, your earliest start date for new H1 can be Nov 2012. A petition will have to be filed up to 6 months before this date.
      This is my opinion and not legal advice.

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      • #4
        Thanks

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