One year outside USA - filing new visa

[praveenmk]

Hi,

I will complete one year outside USA in May. Should I file for a new visa after May, or Can I file for a new visa before May, but go to consulate stamping only after May?

Thanks,

Praveen

[JoeF]

A new H1 petition (not visa) under the quota can be filed once the person has been outside the US for one year.

The "consulate stamping" is the actual visa application. You can enter with a new visa up to 10 days before the H1 petition start date (Oct. 1.)

[livliv]

The above is correct. Conclusion,

Employer files petition after you complete 1 year outside US (assuming cap is still open at that time).

You apply for Visa after petition is approved.

You travel to US earliest by 10 days before petition start date (Oct 1).