How is the 1 year Gap Between Old H1B to New H1B Filling calculated ?

[krkamani]

Hi , Currently I am on H1B and it will be expiring on  Aug 2014 and i will be completing 6yrs on H1B.  To apply H1B again there should be a gap of 1 yr . How is the 1 year calculated ?

 

2016 H1B CAP starts from April 1st 2015 and the approved H1B applicant can start working from Oct 1st 2015.

 

1 year gap rule is for application filling date (April 1st 2015) or possible working date (Oct 1 st 2015)

 

If application fill date probably I got to wait till  April 1st 2016 (assuming the cap will be completed by Sep 2015) 

if its the actual work start date then I can fill next year i.e  April 1st 2015 and start work on oct 1st 2015 (Hope it will be approved)

  

[jairichi]

Hi , Currently I am on H1B and it will be expiring on  Aug 2014 and i will be completing 6yrs on H1B.  To apply H1B again there should be a gap of 1 yr . How is the 1 year calculated ?

 

2016 H1B CAP starts from April 1st 2015 and the approved H1B applicant can start working from Oct 1st 2015.

 

1 year gap rule is for application filling date (April 1st 2015) or possible working date (Oct 1 st 2015)

 

If application fill date probably I got to wait till  April 1st 2016 (assuming the cap will be completed by Sep 2015) 

if its the actual work start date then I can fill next year i.e  April 1st 2015 and start work on oct 1st 2015 (Hope it will be approved)

You need to be outside US for at least 365 days before a new cap subject H1B petition could be filed. If you leave in Aug 2014 then a new cap subject H1B petition can be filed on Aug 2015. If quota is filled by that time you are looking at April 2016. Better for you to leave by end of March 2014 so that a cap subject H1B petition could be filed on April 2015.

[krkamani]

Is that I have to be out side the country or Can I switch to H4 (depend to my spouse who is on H1)  and be in the country from March 2014 and fill next year April 2015.

 

Just FYI . This is my 7th year and my I140 is in process from last 1.3 years.  If In case I hear a bad news on I140. Preparing for the worst.

[jairichi]

Is that I have to be out side the country or Can I switch to H4 (depend to my spouse who is on H1)  and be in the country from March 2014 and fill next year April 2015.

 

Just FYI . This is my 7th year and my I140 is in process from last 1.3 years.  If In case I hear a bad news on I140. Preparing for the worst.

You need to be physically outside US for 365 days and you cannot be on another status in US during that time.

[JoeF]

Is that I have to be out side the country or Can I switch to H4 (depend to my spouse who is on H1)  and be in the country from March 2014 and fill next year April 2015.

What part of "You need to be outside US for at least 365 days before a new cap subject H1B petition could be filed." in the first answer didn't you get?

The rule is very clear. Changing to another status does NOT work.