Shrestha Posted June 23, 2015 Report Posted June 23, 2015 My H1B was based on my Undergrad Degree in Computer Science from a US University. It started in 2008. My 6th year on H1B ended last 09/30/15. I am back on F-1 and doing MBA. Am I... Eligible to apply for new H1B using my undergrad credentials after 09/30/16 as I would have been off H1B for a year? OR I Must wait till I finish my MBA before getting back into Job Market?
jairichi Posted June 24, 2015 Report Posted June 24, 2015 For a new cap subject H1B you need to be outside US for a year and only then a H1B petition can be filed.
livliv Posted June 24, 2015 Report Posted June 24, 2015 You must spend 1 continuous year outside the US and then file petition under cap to get fresh 6 years of H1B. However, it looks like you have not completely used the 6 years. Only the time spent in H1B (or L1) status in the US counts towards the 6 year limit. So you will be eligible to reclaim the remainder period. You will also get OPT after you complete your MBA.
rahul412 Posted June 24, 2015 Report Posted June 24, 2015 You have to be outside the US for one year.
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