When can I work on H1,if I file in this coming quota(April 2005)

S

sureshkamma20

New Member
I am working for one company on Blanket L1.My Visa got expires and I am on I-94 status. Now I am planning to file H1 through other company in this coming quota (April, 2005).If I filed H1 in April, am I eligible to work immediately once I get the number or I need to wait till October(People who are going to file from India in the coming quota(April,2005)are eligible to work only after October). Please clarify.
 
Assuming this is your first H1b visa, applying in April will allow you to work for your sponsoring company no earlier than October 1 in case the application is approved. April 1 is the earliest date that a sponsor can file an application (six months in advance of the new H1b quota for next fiscal year).
 
Billy_Bob,
Can you pease clarify what you mean by:

"Assuming this is your first H1b visa"

We left U.S. last year (2004 January). My company is exporing the options of getting us back on a H1 or L1.

We completed our 6 year term on H1 in 2003. So does that mean
-that we dont fall in the VISA CAP?
-Its easier to get an H1 since we already had one in the past?

Your inputs have always been helpful. So please answer these too. :)

Thanks
 
If you have been on H1b for six years and spent a year outside the US, you basically reset the clock. You can only transfer back to H1b status if you have been in H1b status in the last six years AND have not been outside of the US for one year or more. Apparently, you have been outside for a year and came back on L1. As a result your H1b application will fall under the new quota.

Please check with your attorney.
 
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