desi1000 Posted March 20, 2012 Report Share Posted March 20, 2012 Hey friends I have completed my 6 years stay in USA on H1B and returned to India in October 2010. So essentially I am staying out of USA for more than 1 calendar year as per the H1B visa rules for new visa application. Now my question is - If a person has once in his lifetime gone through the quota system for H1B visa, is that person again required to go through the quota requirement while filing for new H1? My earlier employer is ready to apply for a new H1B this year (April 2012), but I just wanted to check whether there is any rule hidden in the rules book which states as such!! By the way, any guesses about how much time will be required this year to exhaust the 65000 H1 visas? Link to comment
JoeF Posted March 21, 2012 Report Share Posted March 21, 2012 If you have completed 6 years on H1, you have to stay abroad for one year, and then a new H1 application subject to the quota can be filed. Link to comment
desi1000 Posted March 21, 2012 Author Report Share Posted March 21, 2012 Joe Thanks for your reply!! I know whatever you have stated - what I wanted to know whether there is any law which states that a person in his/her lifetime goes through the quota system for H1B visa and if he is applying for it again, he can bypass the quota system and apply out of turn. At least sounds reasonable to me - why should any one go through the same process every 7 years!! Link to comment
wiweq Posted April 11, 2012 Report Share Posted April 11, 2012 why should any one go through the same process every 7 years!! This is the law. One has to be counted to new fresh quota every 7th year. For them, you are a new H1b resource. Link to comment
JoeF Posted April 12, 2012 Report Share Posted April 12, 2012 Joe Thanks for your reply!! I know whatever you have stated - what I wanted to know whether there is any law which states that a person in his/her lifetime goes through the quota system for H1B visa and if he is applying for it again, he can bypass the quota system and apply out of turn. No there isn't. At least sounds reasonable to me - why should any one go through the same process every 7 years!! Because the H1 is a non-immigrant visa, a temporary work visa. If you want to stay indefinitely, go for a GC. Link to comment
livliv Posted April 13, 2012 Report Share Posted April 13, 2012 What is the point of 1 year abroad requirement if one cannot file again subject to cap after 1 year. Link to comment
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