bhagya123 Posted April 6, 2015 Report Share Posted April 6, 2015 Hello experts, Right now i am in L1A and completing my max stay 7 years by November. I am planning to move out of country by July end ? can i process H1B on Apr-2016 ? or do i need to complete one year cooling period and apply H1B on Apr-2017? Thanks in advance.... Link to comment
jairichi Posted April 6, 2015 Report Share Posted April 6, 2015 You need to be outside US for 365 days before a cap subject H1B petition can be filed. If you leave by July 2015 then a cap subject H1B petition can be filed only by July end of 2016. Link to comment
bhagya123 Posted April 8, 2015 Author Report Share Posted April 8, 2015 You need to be outside US for 365 days before a cap subject H1B petition can be filed. If you leave by July 2015 then a cap subject H1B petition can be filed only by July end of 2016. During July 2016 h1b quota will be completed right for 2016 year...can I goahead and file h1b on April 2016? Or I need to wait for April 2017 Link to comment
JoeF Posted April 8, 2015 Report Share Posted April 8, 2015 During July 2016 h1b quota will be completed right for 2016 year...can I goahead and file h1b on April 2016? Or I need to wait for April 2017 As was stated, an H1 can only be FILED after you have been out of the country for at least a year. So, if you leave in July 2015, the EARLIEST an H1 can be FILED would be July 2016. If the quota is full by then, an H1 can be filed in April 2017 for a start date of Oct. 1, 2017. Filing before you have been abroad for a year will result in a denial. It is THAT simple. Link to comment
jairichi Posted April 8, 2015 Report Share Posted April 8, 2015 During July 2016 h1b quota will be completed right for 2016 year...can I goahead and file h1b on April 2016? Or I need to wait for April 2017 April 2017. Link to comment
bhagya123 Posted April 8, 2015 Author Report Share Posted April 8, 2015 As was stated, an H1 can only be FILED after you have been out of the country for at least a year. So, if you leave in July 2015, the EARLIEST an H1 can be FILED would be July 2016. If the quota is full by then, an H1 can be filed in April 2017 for a start date of Oct. 1, 2017. Filing before you have been abroad for a year will result in a denial. It is THAT simple. sorry for asking same question again... As per USCIS , the work validity of H1B 2016 is valid from OCT 2016, so my friends are suggesting to apply H1B on Apr-2016 as USCIS will check validity whether we completed one year by october or not. what are the implications if i file H1B before completing one year . Link to comment
jairichi Posted April 9, 2015 Report Share Posted April 9, 2015 sorry for asking same question again... As per USCIS , the work validity of H1B 2016 is valid from OCT 2016, so my friends are suggesting to apply H1B on Apr-2016 as USCIS will check validity whether we completed one year by october or not. what are the implications if i file H1B before completing one year . What your friends are suggesting is incorrect. The implication for filing a H1B petition before completing one year is clearly told by JoeF. "DENIAL" Link to comment
JoeF Posted April 9, 2015 Report Share Posted April 9, 2015 sorry for asking same question again... As per USCIS , the work validity of H1B 2016 is valid from OCT 2016, so my friends are suggesting to apply H1B on Apr-2016 as USCIS will check validity whether we completed one year by october or not. what are the implications if i file H1B before completing one year . Your friends are wrong. The H1 has to be approvable when filed. And if it is filed before the one year is over, it is NOT approvable. Filing it before the one year is over WILL result in a denial. Period. Link to comment
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