itsbabali Posted April 10, 2012 Report Share Posted April 10, 2012 I was in US for 6 years till October 2011. After completion of 6 years I left US and came back to my home country (India). Currently the H1B cap for 2013 is open. When should I apply for fresh H1B ? Link to comment
Company 2 Posted April 10, 2012 Report Share Posted April 10, 2012 In your petition you are going to state that you are intending to enter the US only after October 2012, that should be only after November 1st 2012 in your case. Apply on or after May 1st 2012. Because the maximum gap allowed b/w the date of application, and intended date of commencement of employment is 6 months. Link to comment
JoeF Posted April 11, 2012 Report Share Posted April 11, 2012 An employer can only apply for a new H1 once you have been outside the US for one year. If you left in Oct. 2011, the earliest an employer can file an H1 application for you is Oct. 2012. Link to comment
JoeF Posted April 11, 2012 Report Share Posted April 11, 2012 In your petition you are going to state that you are intending to enter the US only after October 2012, that should be only after November 1st 2012 in your case. Apply on or after May 1st 2012. Because the maximum gap allowed b/w the date of application, and intended date of commencement of employment is 6 months. That does not work. The application can only be filed when the 1 year abroad is over. The earliest an employer can file an H1 application for the OP would be Oct. 2012, a year after the OP left. Link to comment
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