Am I eligible for applying H1-B this year (April -2015). Not yet completed 1 yr outside US by April 2015. Pls advice .


SAA

Recommended Posts

I stayed in US on L1-A visa for 6.5 yrs (Jan 2008 - June 2014) and come back to India on June 30, 2014. Now , my company is planning to apply H1-B for FY-16 i.e. apply application on April 01. 2015.

 

My question,

 

Since, I haven't completed 1 yr outside US by April 2015. So, By seeing my previous L1-A period of staying in US.  Can I apply H1-B petition this year (April , 2015) ?

 

And, if selected get stamping in Oct 2015, as by that time I will complete 1 yr outside US.

 

Please advice.

Link to comment

You have to be outside the US for at least one year before a new H1 petition can be FILED.

In your situation, that means a new H1 can only be FILED after June 30, 2015. If the H1 quota is full by then, a new H1 petition can be filed in April 2016.

An H1 filed before you have been abroad for a year will get denied.

Link to comment

Right, it is necessary to qualify for the requested benefit at the time of filing. It is not enough to ask for a start date which will be after the 1 year point. Unfortunately, this places yet another hurdle in front of those who are trying to return to the US in H1B status based upon the one year abroad provision.

Link to comment

Archived

This topic is now archived and is closed to further replies.