gorak Posted December 9, 2011 Report Share Posted December 9, 2011 I moved out of the US in August this year, when I was just 3 weeks short of six years in H1B. I know I have to remain outside the US for a full year to come back again. But I have two questions regarding the same. 1. Will I be subject to CAP if I apply for a new H1B next year? 2. Can I even apply for a new H1-B in April of 2012? Since I'll only be starting to work from October 2012 if it gets approved, by which time I'd have already completed the "one year outside the US" rule. Or do I have to wait till 2013 to file for the new H1? regds gorak Link to comment
JoeF Posted December 9, 2011 Report Share Posted December 9, 2011 Your employer can apply for a new H1 for you when you have been abroad for one year, i.e., in August 2012. The h1 would be subject to the quota. Link to comment
gorak Posted December 9, 2011 Author Report Share Posted December 9, 2011 Don't you think August would be too late to apply for a new visa? Since H1B holders subject to cap are allowed to work only starting October of every year, can I apply in April 2012 and then start working by Oct 2012? By this time I'd have already crossed the one year mark. Link to comment
JoeF Posted December 10, 2011 Report Share Posted December 10, 2011 Don't you think August would be too late to apply for a new visa? Since H1B holders subject to cap are allowed to work only starting October of every year, can I apply in April 2012 and then start working by Oct 2012? By this time I'd have already crossed the one year mark. You can not apply in April. The 1 year has to be over at the time of filing the H1 application. In the last couple of years, the quota was open for quite some time. This year, it was full in late November, for the two previous years it was open until January and February. So, August 2012 is likely to be ok for filing. Link to comment
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