H1 B filing - 2015

[kkp2208]

Dear Murthy sir,

 

I am planning to process H1B with 2015 cap with emp B. I've already worked 5yrs in US on L1B status with emp A and returned to home country in Dec - 2013, with my new H1B processing, if it picks in lottery, for how much period H1 can be issued?

 

If I put the start date as Dec - 2014 or Jan - 2015, can I get H1 visa for 3yrs.

 

Kindly advise pls let me know of any questions.

 

Thanks,

Kumar

 

[jairichi]

Dear Murthy sir,

 

I am planning to process H1B with 2015 cap with emp B. I've already worked 5yrs in US on L1B status with emp A and returned to home country in Dec - 2013, with my new H1B processing, if it picks in lottery, for how much period H1 can be issued?

 

If I put the start date as Dec - 2014 or Jan - 2015, can I get H1 visa for 3yrs.

 

Kindly advise pls let me know of any questions.

 

Thanks,

Kumar

You will get only 1 year. To get 6 years you need to be outside US for at least 365 days before a cap subject H1B petition could be filed. In your case to get 6 years employer has to file in Dec 2014. Practically speaking April 2015.

[t75]

Your employer may file no sooner than when you have been outside the US for 1 year which will likely be in April 2015 for Oct 1, 2015 start.

[JoeF]

If the employer files in April, the start date would have to be Oct., since an H1 can only be filed up to 6 months before the start date.

Further, you would only get one year.

For the full 6 years, you have to stay abroad for at least one year before a new H1 can be FILED.

In your case, that would mean that you would only get the full 6 years if an H1 is FILED Dec. 2014 or later. If the quota is full by then, the H1 could only be filed in April 2015.

 

BTW, this has been answered lots of times here. Next time, please do a search before asking what has been answered 100s of times already.