When can apply for new H1B after completing 6 yrs

[RajKiranvarenya]

Hi,

 

I completed my 6 years of H1B in November' 13 and returned back to India in July' 13.

When can my employer initiate my fresh H1B? I should complete one year before I re-enter the US or even to apply for H1, I should wait until 1 year?

 

Please suggest.

 

Regards,

Rajesh

 

 

[jairichi]

Hi,

 

I completed my 6 years of H1B in November' 13 and returned back to India in July' 13.

When can my employer initiate my fresh H1B? I should complete one year before I re-enter the US or even to apply for H1, I should wait until 1 year?

 

Please suggest.

 

Regards,

Rajesh

You need to stay outside US for 365 days before a new cap subject H1B petition could be filed.

[RajKiranvarenya]

Thanks for the reply.

I believe there are multiple phases in H1 process like initiation, advertisement, recruitment process and then finally filing.

 

So, one needs to be outside the US for 365, before step 1 can be started (initiation) in the process or it matters only for re-entry?

 

Regards,

Rajesh

[jairichi]

Thanks for the reply.

I believe there are multiple phases in H1 process like initiation, advertisement, recruitment process and then finally filing.

 

So, one needs to be outside the US for 365, before step 1 can be started (initiation) in the process or it matters only for re-entry?

 

Regards,

Rajesh

The process mentioned does not concern you. Obviously the process should have been completed by employer before they can make you an offer. You need to be outside US for 365 days before a cap subject H1B petition could be filed to get fresh 6 years.

[JoeF]

As was stated: You need to be outside the US for one year before a new H1 petition can be FILED.

What about that is unclear?

In your case, a new H1 can be FILED in July 2014. If the quota is full by then, the employer would be able to file in April 2015 for a start date of Oct. 1, 2015.

[RajKiranvarenya]

Thanks for the explanation.