New H1-B after 6 Year Completion


hou434

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Posted

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,

Posted

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

Posted

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?

Posted

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.

Posted

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.

Posted

June,22. If you make short visits as a tourist those days will be added . If you visit for 3 months your sponsor can only apply on September,22 and so on.

Thanks for your response.

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