New H1-B after 6 years completion

[nandakvi]

Hi,

 

I stayed in US for 6 years and returned back to India in Sep-2013. Can I apply for new H1-B under cap in April-2014?

Is it necessary to stay out of US before I can apply for new H1-B or I need to stay outside US for 1 year before travelling. Because if I apply for new H1-B in April-2014, it will be valid from Oct-2014 by then I will complete 1 year outside US. Can some please provide me clarity? Thanks in advance for your assistance.

 

Thanks,

Nanda.

[jairichi]

Hi,

 

I stayed in US for 6 years and returned back to India in Sep-2013. Can I apply for new H1-B under cap in April-2014?

Is it necessary to stay out of US before I can apply for new H1-B or I need to stay outside US for 1 year before travelling. Because if I apply for new H1-B in April-2014, it will be valid from Oct-2014 by then I will complete 1 year outside US. Can some please provide me clarity? Thanks in advance for your assistance.

 

Thanks,

Nanda.

You need to be outside US for at least 365 days before a cap subject H1B petition could be filed. In your case a cap subject H1B petition could be filed on Sept 2014. Since cap would have reached by that time you are looking at April 2015.

[JoeF]

Hi,

 

I stayed in US for 6 years and returned back to India in Sep-2013. Can I apply for new H1-B under cap in April-2014?

No.

You need to be outside the US for a least a year before a new H1 can be APPLIED for.

BTW, this has been answered lots and lots of times here. Next time, please do a search. Thank you.