koki2807 Posted September 30, 2013 Report Share Posted September 30, 2013 Hi, My friend will be completing his 6 years of H1b Visa this dec 2013. he would like to apply for H1 again. Is he eligible to apply for the H1 cap for the 2015 which would mean he will apply in Apr 2014? Does he have to stay outside of US for 1 year? or can he be in US in H4 during this wait period? Link to comment
jairichi Posted September 30, 2013 Report Share Posted September 30, 2013 Hi, My friend will be completing his 6 years of H1b Visa this dec 2013. he would like to apply for H1 again. Is he eligible to apply for the H1 cap for the 2015 which would mean he will apply in Apr 2014? Does he have to stay outside of US for 1 year? or can he be in US in H4 during this wait period? He has to stay outside for 1 year before a new H1B could be filed. In his case if he leaves US by Dec 2013 a new petition could be filed by April 2015. Link to comment
permaudit Posted September 30, 2013 Report Share Posted September 30, 2013 He has to be outside the US to be eligible for H1 again. He can be in the US on H4 but would not be able to apply for H1. If he has an approved I-140 then he need not have to stay outside the country for 1 year instead could apply for extension directly based on that approved I-140 petition. Link to comment
JoeF Posted September 30, 2013 Report Share Posted September 30, 2013 For a new H1, the person has to be OUTSIDE the US for one year before a new H1 can be FILED. So, if he leaves in Dec. 2013, the earliest an employer could file a new H1 would be in Dec. 2014. If the quota is full by then, the earliest would be April 2015 for a start date of Oct. 2015. Link to comment
omshiv Posted September 30, 2013 Report Share Posted September 30, 2013 your friend would need to stay out of the US for whole 1 yr before his employer can apply for his H1B. Link to comment
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