arcad Posted July 18, 2012 Report Share Posted July 18, 2012 I have used up my 6 hear H1b cap (no other options available)....... If I go out of the country for 365 days to reset my H1b visa, when can my sponsor re-file another H1b visa? Can they only refile once the 365 days is done or can they file for the H1b visa a few months in advance (an just put a future start date) so that I can start working once the 365 days is up? Thank you for any help on this... Link to comment
pontevecchio Posted July 18, 2012 Report Share Posted July 18, 2012 They can refile once you have been out for 365 days. Link to comment
JoeF Posted July 18, 2012 Report Share Posted July 18, 2012 A new H1 can be filed when the person has been out of the country for one year. Link to comment
arcad Posted July 22, 2012 Author Report Share Posted July 22, 2012 I just got back from consultation with 2 lawyers.... they said you could apply 365 days in advance just as long as the start day is 365 days total that you were out of the states. Any difference in opinion?? Thanks! Link to comment
pontevecchio Posted July 22, 2012 Report Share Posted July 22, 2012 Always take Lawyers opinions as sacrosant as long as you are paying for their gospel. Link to comment
JoeF Posted July 22, 2012 Report Share Posted July 22, 2012 Oh boy. Find better lawyers. First off, an H1 can be applied only up to 6 months in advance of the start date. And second, the H1 has to be approvable when it is applied, meaning in this context that you have to have been out of the US for one year at the time the application is filed. Link to comment
arcad Posted July 23, 2012 Author Report Share Posted July 23, 2012 Oh boy. Find better lawyers. First off, an H1 can be applied only up to 6 months in advance of the start date. And second, the H1 has to be approvable when it is applied, meaning in this context that you have to have been out of the US for one year at the time the application is filed. Oops, sorry I meant 6 months in advance not 365 days..... with regards to "H1b has to be approvable when it is applied"... Can anyone show me an exerpt of this in USCIS literature? I've been trying to look for this but cant seem to find anything on this topic.... Joe F... would you know where you got this from? Thanks again! Link to comment
JoeF Posted July 23, 2012 Report Share Posted July 23, 2012 Oops, sorry I meant 6 months in advance not 365 days..... with regards to "H1b has to be approvable when it is applied"... Can anyone show me an exerpt of this in USCIS literature? I've been trying to look for this but cant seem to find anything on this topic.... Joe F... would you know where you got this from? Thanks again! A Murthy lawyer posted here that you have to be out of the US for 1 year before a new H1 can be applied. Link to comment
JoeF Posted July 24, 2012 Report Share Posted July 24, 2012 Here is another post about it from a Murthy lawyer: "Generally, to be eligible for a new five, six, or seven year period of L1 or H1B status after leaving the U.S., an individual must have been outside of the U.S. for a full year prior to filing the petition. Key: Must be eligible at the time of filing." (emphasis mine.) Link to comment
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