H1B after 6 yrs completion


Sathish Prakash

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Hello,

I am completing my 6 yrs on H1B this February 2012 and I know that I have to stay outside the US for one full year and then I will be eligible for another 6 yr term. To start working again on H1B in March of 2013, can my office file the paperwork this April 1st, 2012 and mention a start date of March 2013?

Please let me know. Thanks for you time.

Sathish

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An employer can only apply for a new H1 for you when you have been outside the US for one year.

And since the new H1 would fall under the quota, the start date is restricted, i.e., it would have to be the beginning of the next fiscal year, i.e., Oct. 1, if the quota is full.

In your case, if the quota is full by Feb. 2013, the employer could file for a new H1 beginning April 1, 2013 for a start date of Oct. 1, 2013.

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