Yatrie Posted December 4, 2012 Report Posted December 4, 2012 Dear Sir, I have been referring to your forums for some time and have always found a lot of useful advise from the members. Thank you for this service. Similar topics may have been raised previously on this forum, but I am seeking some details specific to my situation, therefore starting this topic. My current H1 will expire after 6 years of physical stay in US in Jul 2013. My employer has NOT APPLIED for any 'change of status' to permanent residency. I had the following questions that I was hoping you could help with: To qualify for a fresh H1B in Apr 2014, is it advisable that I leave US before April so that I can satisfy the requirement for 1 year of stay outside of US? Or should I complete my stay on current H1B (till Jul 2013) and apply for a fresh H1B in Apr 2014, with the effective date of Oct 2014? Will I qualify in Apr 2014 itself? If # 1 is advised, then will the remaining tenure on my current H1B (say, 4 months from Apr to Jul 2013) interfere with the fresh H1B applied in Apr 2014? I have heard of a few instances where people have got RFE for similar reasons. If I manage to get a seat in any US University for MS starting fall of 2014, will I be eligible for fresh H1B after graduation, if I travel to India at the completion of current H1B (i.e. by Jul 2013) and come back to US by Fall Semester (Aug 2014)? Thanks!
JoeF Posted December 4, 2012 Report Posted December 4, 2012 An employer can only file a new H1 once you have been outside the US for one year.
Yatrie Posted December 5, 2012 Author Report Posted December 5, 2012 Thanks. I was hoping that you could also advise on # 2, 3 & 4 above.
JoeF Posted December 5, 2012 Report Posted December 5, 2012 The one answer addresses all your questions: To be eligible for a new 6 years on H1, you absolutely have to be outside the US for one year.
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