H1 7th year extension and a fresh H1 in 2014 Quota

[kc6467]

Here is my situation. My PERM went into audit and got denied subsequently. It is now under appeal. My six years of H1 got over by March 2013 and i left US. My PERM would be 365 days old next month. 

 

Now, i understand that i can file for a 7th year extension next month and reenter US. What i would like to know is this. If i decide to stay out of the US for a year, which would be until next March (2014) and then come into the US based on this PERM (assuming it is still under appeal/ or it is approved), could i still apply for a fresh H1 in April 2014 based on the fact that i spent a year out of US, while working in US on the 7th year H1 based on the PERM?

 

Thanks,

KC

[pontevecchio]

Pending PERM > 365 days or pending I-140 > 365 days mean 1 year H1 extensions beyond the initial total of 6. Approved I-140 means 3 year approvals till the dates are current. Hence if your PERM is denied and you are working in H1 status at that time you would leave and stay out for 365 days before being eligible to file via an employer for a cap subject H1 starting in October.

[kc6467]

Thanks for your response. I understand that. My question is, if i stay out of US until March 2014 (and thus having stayed out for over a year) and re-enter based on my PERM application. Could i still apply for a fresh H1 in the new quota come April 2014 which would be effective from Oct 2014, based on the fact that i have spent a year outside (March 2013 - March 2014) already, though i am inside US at that point.

 

Thanks,

KC

[pontevecchio]

No. The clock would need to be reset by staying out for one year BEFORE applying for a cap subject H1.

[kc6467]

Thank you!

[kc6467]

Hello,

         I have been thinking about my situation and here is another option my employer has offered.

 

They have offered to bring me back in L1B after i stay out of the country for a year. My question is, if i come on L1B in march next year, could i apply for a H1 (through a different company) in the 2014 quota? 

 

Thanks!

[pontevecchio]

Assuming you stayed out for 365 days a sponsor could file after April,1 to start from October.

[nthaccker]

Hello, 

 

So is the rule that you can file a new H1B ONLY after 1 year / 365 days are over ?

 

Reason being mine in ending in October 2013 and then even if i leave before that -- my 365 days wont be over before October 2014  so will i be able to file a fresh H1b in April 1st 2014 (next h1b filing cycle) 

or

Do i have to wait for the April 2015 filing cycle ? 

 

Any advise will be really helpful .. please!

[jairichi]

Hello, 

 

So is the rule that you can file a new H1B ONLY after 1 year / 365 days are over ?

 

Reason being mine in ending in October 2013 and then even if i leave before that -- my 365 days wont be over before October 2014  so will i be able to file a fresh H1b in April 1st 2014 (next h1b filing cycle) 

or

Do i have to wait for the April 2015 filing cycle ? 

 

Any advise will be really helpful .. please!

Yes, the rule is still there. You would need to stay out of US for 365 days before a fresh cap subject H1B petition could be filed. Even if you leave now you would have to wait till August 2014 to be eligible for a prospective employer to file a H1B petition for you.