New H1-B after 6 Year Completion


hou434

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Hello,

I completed my H1-B (Six Years with all the eligible recapture time) on Jun 22 2012. This H1-B was obtained through advanced degree quota as I have a MS degree from USA.

Currently I am working in Canada since Jun 18 2012.

I obtained an USA B1/B2 visa in Oct 2012 mainly for tourism and any potential business related travel.

I understand one has to be out of USA for 1 year to be eligible to reapply for a new H1-B.

The question is:

What is the earliest date that I can start the paper work for a new H1-B?

Thanks,

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Your time visiting the US counts against the year you must be outside. Since you have indicated you intend to enter the US on the B1/2 visa, no one can answer your question accurately

Thanks for your response. What if I do not enter the USA physically on B1/B2 at all for one year? Then what is the earliest date I can start my paper work?

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Time spent in the US as visitor doesn't count towards the one-year abroad requirement. In other words, it interrupts the one-year timeline.

An employer can file a new H1 when you have been abroad for one year.

Thanks for your response. Can you please elaborate your response with an example date so that I don't misinterpret your response and suggestions.

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