abhijeet.malik Posted December 19, 2014 Report Share Posted December 19, 2014 Hi Everyone, Could you please provide suggestion on below case- I'm completing 7 years on L1 visa in Apr 2015. Apr 5th 2015 is my max out date for 7 years. I'm planning to leave US before Mar 31st 2015. 1. Can I apply for H1 visa in 2015? 2. If I can apply H1 visa in 2015 Cap, can it be applied with future dated petition start date (April 2016, which is one year cool off period for me) 3. Do I need to be outside of US for one complete year to travel back on H1? 4. If I can't apply H1 in 2015 cap, will I be able to do it in 2016 if I leave US after Mar 31st 2015. Thanks!!! Link to comment
jairichi Posted December 19, 2014 Report Share Posted December 19, 2014 1. If you leave on March 31st 2015 then an employer can file a cap subject H1B petition only after you stayed outside US for 365 days i.e. April 1st 2016. 2. No. 3. Not just travel. Even to file a cap subject H1B petition. 4. Yes, April 1st 2016. Link to comment
pontevecchio Posted December 19, 2014 Report Share Posted December 19, 2014 You can have a H1 sponsor file your H1 one year after you have left the country. Link to comment
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