tvenumadhava Posted January 9, 2014 Report Share Posted January 9, 2014 Hi I completed 6 years on H1B last March and came back to india. I know after completing 6 years on H1B I have to spend one year out side US before I can enter US again on H1B. My question is do I need to wait entire 1 year to complete before applying for H1B visa or I can start the paper work now and when my 1 year is complete I can go for VISA stamping and travel to US in March/April Thanks, Venu Link to comment
jairichi Posted January 9, 2014 Report Share Posted January 9, 2014 Hi I completed 6 years on H1B last March and came back to india. I know after completing 6 years on H1B I have to spend one year out side US before I can enter US again on H1B. My question is do I need to wait entire 1 year to complete before applying for H1B visa or I can start the paper work now and when my 1 year is complete I can go for VISA stamping and travel to US in March/April Thanks, Venu You need to stay outside US for 365 days before an employer can file a cap subject H1B petition to get full 6 years. You are lucky as you left US at the appropriate time. In your case employer can file in April 2014 with a start date of Oct 2014. Link to comment
t75 Posted January 9, 2014 Report Share Posted January 9, 2014 You have to go through quota for Oct 1 start Link to comment
tvenumadhava Posted January 10, 2014 Author Report Share Posted January 10, 2014 can I travel to US sooner on L1 (instead of applying for H1 in April)? Link to comment
jairichi Posted January 10, 2014 Report Share Posted January 10, 2014 can I travel to US sooner on L1 (instead of applying for H1 in April)? If you travel on L1 before March 2014 your clock will not get reset. It would be better if you travel on L1 after filing H1B petition Link to comment
tvenumadhava Posted January 11, 2014 Author Report Share Posted January 11, 2014 The only US VISA I had was H1B. In March 2014 I will complete 365 days stay outside US, Is it possible to travel to US on L1. How soon can I travel on L1 to US after march? And if I apply H1 in March/April when is the earliest I can travel to US. Thanks for you responses Venu Link to comment
JoeF Posted January 11, 2014 Report Share Posted January 11, 2014 That would only be possible if the L1 is applied for once you have been a year abroad. For an L1, you have to have worked for the employer for a year abroad in the last 3 years, anyway. Link to comment
jairichi Posted January 11, 2014 Report Share Posted January 11, 2014 The only US VISA I had was H1B. In March 2014 I will complete 365 days stay outside US, Is it possible to travel to US on L1. How soon can I travel on L1 to US after march? And if I apply H1 in March/April when is the earliest I can travel to US. Thanks for you responses Venu Make sure your L1 petition is filed after being outside US for 365 days to get 7 or 5 years based on L1A or L1B petition. If employer files a H1B petition in April 2014 the earliest you can enter US on H1B is 10 days before H1B start date of 1st Oct 2014 i.e. you can enter by 20th Sept 2014. Link to comment
t75 Posted January 11, 2014 Report Share Posted January 11, 2014 You have to meet L1 requirements for work outside the US. If a petition for you is approved, you may travel 10 days before approved start date (probably Oct 1) If you have already been to the US for 6 years, why are you posting such a basic question? Link to comment
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