New H1B after 6 Years stay in US

[rajesh_78]

Hi

 

My 6 years stay will be completed in June 2014 (Recaptured all the time).

 

Here is My sincere question

 

I would like to apply the new H1B in April 2014(normally applications accept this time)

 

1) If I leave the country in June'2014, am I eligible to apply the H1B again in April 2015 and return to US in OCT 2015 

    (My assumption is outside the country period JUNE2014 - OCT2015, which is more than 365 days)

 

2) If I leave the country in April 2014 (end of the month) and, Am I eligible to apply the new H1B in April 2015.

 

3) Do I need to leave the country in March 2014 and apply the H1B in April 2015 & return to US in OCT 2015.

 

Please suggest me which option will work for me in these scenarios.

 

Regards

Rajesh

[jairichi]

Hi

 

My 6 years stay will be completed in June 2014 (Recaptured all the time).

 

Here is My sincere question

 

I would like to apply the new H1B in April 2014(normally applications accept this time)

 

1) If I leave the country in June'2014, am I eligible to apply the H1B again in April 2015 and return to US in OCT 2015 

    (My assumption is outside the country period JUNE2014 - OCT2015, which is more than 365 days)

 

2) If I leave the country in April 2014 (end of the month) and, Am I eligible to apply the new H1B in April 2015.

 

3) Do I need to leave the country in March 2014 and apply the H1B in April 2015 & return to US in OCT 2015.

 

Please suggest me which option will work for me in these scenarios.

 

Regards

Rajesh

1. No. You are eligible to apply only in June 2015 with a start date of Oct 2015. You have to be outside US for 365 days before a H1B petition could be filed.

2. You will be eligible to apply by May 1st 2015.

3. Yes.

[JoeF]

A new H1 can only be FILED once you have been outside the US for one year.

If you leave in June 2014, a new H1 could only be filed in July 2015. If the quota is full by then, it could only be filed in April 2016.

[t75]

You must be outside the US for a year before a new petition can be filed for you. Only 3 works if you do not want to risk the quota being open.

 

(This has been answered numerous times. You should be able to find this in the forum history.)