Tammi Posted October 7, 2013 Report Posted October 7, 2013 Hi, My brother completed 6 years stay in USA on H1B visa last year in April and he moved back to home country on 20th April 2012 but he has a valid visa till 30th of May 2012. I know there is some cooling period to reapply the H1B visa and enter back to USA. Can you please let me know what is the cooling period and when he can repapply for H1B visa.
omshiv Posted October 7, 2013 Report Posted October 7, 2013 he has to stay outside the US for full 365 days..his employer should be able to apply now.
jairichi Posted October 7, 2013 Report Posted October 7, 2013 Hi, My brother completed 6 years stay in USA on H1B visa last year in April and he moved back to home country on 20th April 2012 but he has a valid visa till 30th of May 2012. I know there is some cooling period to reapply the H1B visa and enter back to USA. Can you please let me know what is the cooling period and when he can repapply for H1B visa. He has to stay outside US for 365 days before an employer can file a cap subject H1B petition. In your bro's case it should have been 21st April 2013. Now, it could be filed on 1st April 2014.
Tammi Posted October 8, 2013 Author Report Posted October 8, 2013 Thanks for the responses. 365 days will be counted as per the visa valid date or the date person moved out of the country? Other question, for example: if a person moves out of US on 30th April 2013 then will he be able to apply for 1st April 2014 cycle?
jairichi Posted October 8, 2013 Report Posted October 8, 2013 Thanks for the responses. 365 days will be counted as per the visa valid date or the date person moved out of the country? Other question, for example: if a person moves out of US on 30th April 2013 then will he be able to apply for 1st April 2014 cycle? 365 days from the day a person leaves US. Nope. Only on 1st May 2014.
JoeF Posted October 8, 2013 Report Posted October 8, 2013 Thanks for the responses. 365 days will be counted as per the visa valid date or the date person moved out of the country? Other question, for example: if a person moves out of US on 30th April 2013 then will he be able to apply for 1st April 2014 cycle? The 1 year is physical presence abroad. Visa dates don't matter. The person has to be abroad for one year before a new H1 can be FILED. If a person left on April 30, 2013, a new H1 for the person could be FILED April 30, 2014 at the earliest. If the quota is full by then, an application could be filed by April 1, 2015.
Tammi Posted October 8, 2013 Author Report Posted October 8, 2013 Thank you all for providing the information
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