Eligibility for fresh H1

[sweta2012]

Hi All,

I have been in US from Sep 2006 initially on L1(for a year) and then on H1. Meanwhile I had to be in India for 15 months last year Sep to this year Nov because of my visa refusal at Hyderabad consulate. Now finally am back in US through another firm with H1 stamping valid till Aug 2013. Aug of 2013 will also mark the end of my 6 yr tenure in US on L1/H1. Now my question is am I eligible for a fresh H1 quota for next yr which could be valid for next 6 yrs as I had this break of more than a yr last yr? If so can I get tht processed while staying in US? How would it work? FYI my GC process has not yet started. So do I have to back to India and then initiate fresh H1 rather than having it processed whileam in US?

Any help is highly appreciated.

Thanks,

Sweta

[JoeF]

Your use of the current H1 means that the time abroad doesn't count for a fresh H1.

For a new 6 years, you have to be abroad for a year and then have an employer file an H1 in the quota.

[t75]

Once you reentered the US to work, you out of country time is no longer valid for quota reset.