srinivas_san Posted December 22, 2014 Report Share Posted December 22, 2014 Hello, I have completed 5yrs of stay in US on L1B and returned to India on Jun '14. I am not sure if I want to ask my employer to File for H1 during 2015 quota. 1) If I apply for 2015 H1B will I be eligible for just 1 yr (starting Oct '15 to Sep'16) since I have not completed 1 yr cooling off period (or) I will be eligible for full 6 yrs since the actual H1 is only effective Oct '15 and by then my 1 yr cooling off period is complete. Please help and appreciate it in advance. Thanks Link to comment
JoeF Posted December 22, 2014 Report Share Posted December 22, 2014 You would only get one year. To be eligible for the full 6 years, you would have to be abroad for a year beofre the H1 petition is FILED. Link to comment
jairichi Posted December 22, 2014 Report Share Posted December 22, 2014 If you need full 6 years on H1B then the cap subject H1B petition has to be filed after you stayed outside US for 365 days. In your case June 2015. Date of filing matters and not date of entry. Link to comment
pontevecchio Posted December 22, 2014 Report Share Posted December 22, 2014 If the H1 sponsor files your H1 petition after June,2015 and gets it approved you get a total of 6 years starting in October. Otherwise you get the 1 year. Link to comment
bhs Posted December 22, 2014 Report Share Posted December 22, 2014 I am in a similar situation, I am on L1B and will be completing 5 years in Jan 2015. I currently stay in USA and will be leaving USA in Jan 2015. If i apply for H1B in March 2015 from my country . Will i get the H1B visa for 1 year, or can i get for 6 years? [i.e., starting from Oct 2015 onwards]. (Or), Is there a way to specify that i want a fresh visa (for next 6 years validity)? Link to comment
JoeF Posted December 22, 2014 Report Share Posted December 22, 2014 I am in a similar situation, I am on L1B and will be completing 5 years in Jan 2015. I currently stay in USA and will be leaving USA in Jan 2015. If i apply for H1B in March 2015 from my country . Will i get the H1B visa for 1 year, or can i get for 6 years? [i.e., starting from Oct 2015 onwards]. (Or), Is there a way to specify that i want a fresh visa (for next 6 years validity)? To get the full 6 years, you have to be outside the US for at least a year before an H1 can be FILED. That means if you leave in Jan. 2015, a new H1 would have to be filed in April 2016 for a start date of Oct. 2016 if you want to get the full 6 years. Link to comment
jairichi Posted December 22, 2014 Report Share Posted December 22, 2014 I am in a similar situation, I am on L1B and will be completing 5 years in Jan 2015. I currently stay in USA and will be leaving USA in Jan 2015. If i apply for H1B in March 2015 from my country . Will i get the H1B visa for 1 year, or can i get for 6 years? [i.e., starting from Oct 2015 onwards]. (Or), Is there a way to specify that i want a fresh visa (for next 6 years validity)? If applied in April 2015 you will get 1 year. If applied in April 2016 you will get 6 years. Link to comment
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