H1B quota after completing 6 years in USA and coming back to INDIA applying again for H1B.

[raghunk80]

Hi,

I have completed 6 years in USA with H1B and came back to india because perm processing did not work well.

Do I need to wait for 1 full year to apply for H1B again ? or can I apply this year and wait for 1 year to travel ?? how this works ?

Can I use current H1b so that new one falls in to the current quota ? or do I need to have new quota again ?

Can some one please let me know.

Thanks,

Raghu.

[pontevecchio]

You need to have a sponsor apply for a cap subject H1 petition after you have been out for one year .

[0407]

Can hi PERMS processing begin now and say he gets PERMS approved within 6 months ,

his employer can file for 1 ye H1B extension?

[pontevecchio]

H1 extensions beyond the initial total of 6 years are based on PERM pending 365 days or I-140 pending 365 days in which case one is entitled to one year extensions beyond the 6 and if the I-140 is approved one is entitled to 3 year extensions.

[raghunk80]

Thanks you for reponse.  I know it is been very late, because I am kind of away from internet for a while for some reasons.  Looks like these days there is lottery going on for H1B quota. 

    But I have a job already with my old client and my employer is okay to sponser even then I need to wait one year to apply ?? and I need to go thru lottery ??  please advice.

 

Another thing Do I need to wait for one year out side to Apply only or to re-enter USA ??

 

Appreciate your time.  Thanks.

[jairichi]

Thanks you for reponse.  I know it is been very late, because I am kind of away from internet for a while for some reasons.  Looks like these days there is lottery going on for H1B quota. 

    But I have a job already with my old client and my employer is okay to sponser even then I need to wait one year to apply ?? and I need to go thru lottery ??  please advice.

 

Another thing Do I need to wait for one year out side to Apply only or to re-enter USA ??

 

Appreciate your time.  Thanks.

You have to be out of US for one year before filing of a new H1B petition by a prospective employer. Say for example your 6 years with old H1B petition was over on 10 May 2013. A new employer can file a new H1B petition only on or after 10th May 2014.

[JoeF]

For a new H1, you absolutely have to be abroad for a year, and THEN an employer can FILE an H1 for you in the quota. If the H1 is filed before the one year is over, it would get denied. If the quota is full when the one year is over, the employer could only file the following year.

[raghunk80]

Thank you for the response. Appreciate it.