New H1B after 6th Year

[KumarSSSS]

Hi,

 

My situation is like this – Hope you can help me answering my questions.

 

I am on 6th year of my Current H1B Visa in USA - My current stamped visa expires on APR 26 2014, I have travel plans to travel back to India on APR 23.

 

(Also I was about 3 months away from USA on 2013, with the Max out calculation technically I did not use max out period of 6 years.)

 

If i wish come back - I would need to apply for H1B on next year - 2015, Here are my questions on it.

 

1. Does USCIS requires me to be away about 1 year to apply to get a New/Full 6 years H1B visa?

2. Am I eligible to apply for 2015 -H1B visa on 1st of APR 2015? 

3. If the 2015 H1B approvals approved H1B allowed to work from OCT 2015,

a. Away from 1 year to get full 6 years, Does that mean I need to be away from USA 1 from 01 OCT 2014 to 31 OCT 2015? (ie., right?)

 

Appreciate your earliest reply.

 

Thanks,

-Kumar

[jairichi]

 

Hi,

 

 

 

My situation is like this – Hope you can help me answering my questions.

 

I am on 6th year of my Current H1B Visa in USA - My current stamped visa expires on APR 26 2014, I have travel plans to travel back to India on APR 23.

 

 

 

(Also I was about 3 months away from USA on 2013, with the Max out calculation technically I did not use max out period of 6 years.)

 

 

 

If i wish come back - I would need to apply for H1B on next year - 2015, Here are my questions on it.

 

 

 

1. Does USCIS requires me to be away about 1 year to apply to get a New/Full 6 years H1B visa?

 

2. Am I eligible to apply for 2015 -H1B visa on 1st of APR 2015? 

 

3. If the 2015 H1B approvals approved H1B allowed to work from OCT 2015,

a. Away from 1 year to get full 6 years, Does that mean I need to be away from USA 1 from 01 OCT 2014 to 31 OCT 2015? (ie., right?)

 

 

 

Appreciate your earliest reply.

 

 

 

Thanks,

 

-Kumar

 

1. Yes.

2. Only if you leave before April 1st 2014.

3. No, the 365 days is when one is eligible to file a H1B petition. Refer 2.