Question regarding new H1-B (after 1 year outside the US)


veecee

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Hi,

This is regarding H1B application timeline in the case of H1B reset (after one year outside the US).

I was on H1-B between Nov 15, 2005 and Nov 14, 2011. I left the US prior to the expiry of my H1-B visa and have since worked for another company in India. My current employer is interested in applying for my H1-B - I know that I have to spend one year outside the US before an employer can apply for a new H1-B.

My question is: Should the employer wait until after November 15, 2012 to start the application process? Or can the application be submitted, say May 20, 2012, with the intended H1-B start date of, say, November 20, 2012?

Thanks in advance for your replies.

V C

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Waiting till Nov 2012 may not be good idea as the quota might get full by then.

To get a new 6 years, the person has to have been abroad for one year before a new H1 can be filed.

If the quota is full by then, there would be no other way than to wait for next year's quota.

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