Outside USA for less than 365 Days - Apply for new H1B in April 2013

[dineshg2001]

Hi,

I came to India on a Vacation in June 2012 and could not return to USA since I did not get stamping till Feb 2013. My 6 years on H1B expired on Feb 25th and I did not return to USA since I did not have time for applying a extension.

Now a employer want to file a new H1B petition for me in April 2013. Can he file the petition on April 1st 2013 under the new CAP or he need to want till June 2013 till the 365 days is passed. If I have to wait till June 2013 I will be in trouble since the H1B CAP may get filled up by then

I had 10 moths of time which I did not use on my previous 6 years. Will this change anything.

Can someone aware of this situation guide me on what needs to be done.

Thanks and Regards,

Dinesh Ghanta

[JoeF]

To get a new 6 years, an H1 can only be FILED when you have been abroad for a year. In your case, that means for a new 6 years, the H1 could only be filed in June.

If an H1 is filed before that, you would only get the remainder (the 10 months in your case.)

[t75]

Unused time makes no difference in a new filing. He cannot file until you have served your 1 year. SOL