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New H1B application after 1 year stay out of USA

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  • New H1B application after 1 year stay out of USA

    I am posting with regard to my H1B visa situation :
    I was in the US till September 2010 working on a H1B visa
    In September 2010, I moved to the UK to pursue my higher studies
    If I had continued in the US, my H1B visa would expire(6 years) in July 2011

    My questions are:
    Can I apply for a new H1B now i.e. even before the completion of my 6 years, for re-entry to US in October 2011. I would be completing 13 months of stay outside US in October 2011?
    Is this 1 year constraint at the time of application for the new H1B or is it at the time of re-entry to US?

    Please let me know and thanks much for your help!

  • #2
    If you can find an employer, you can recapture the remainder of your 6 year period at this point as you would not count against the cap.

    A new petition cannot be filed until April 1, 2011, for a start date of Oct 1, 2011, but you don't qualify for a renewed period yet, so that is a tricky situation that you should talk over with a competent attorney. Even if you would be eligible as of the start date, an employer would need that to have that specifically spelled out by a competent and trusted lawyer.