2nd H1B 6Yr Term - When to apply? Please Help !!

[padi_fan]

Hi,

My first H1B term finished in May 2004 just after I moved to Canada. So, its not a complete year yet before which I am elligible for the 2nd H1B 6Yr Visa. I have an employer willing to sponsor my H1B visa, but I have the following two questions:

1] I have to remain out of US for 1 year before getting the second H1B visa. This year for me, will finish in May 2005. But if this employer files/applies for my H1B visa in lets say March 2005, and I make sure not to enter US before my 1 year out of US is over(after may 2005), then,would my application be considered?

2] I have a MS degree from a US university. I believe the new quota for H1B Visas is aimed towards people with MS degrees from US universities. Is it for fresh graduates only? Can people like me who got their degrees about 8 years back fall in the same category?

Thanks a lot.

S

 

[hathwar]

Hi,

My first H1B term finished in May 2004 just after I moved to Canada. So, its not a complete year yet before which I am elligible for the 2nd H1B 6Yr Visa. I have an employer willing to sponsor my H1B visa, but I have the following two questions:

1] I have to remain out of US for 1 year before getting the second H1B visa. This year for me, will finish in May 2005. But if this employer files/applies for my H1B visa in lets say March 2005, and I make sure not to enter US before my 1 year out of US is over(after may 2005), then,would my application be considered? Apply after May 2005

2] I have a MS degree from a US university. I believe the new quota for H1B Visas is aimed towards people with MS degrees from US universities. Is it for fresh graduates only? Can people like me who got their degrees about 8 years back fall in the same category? You are eligible too but the same 365 days rules hold as you had used H1-B earlier to its limit.

Thanks a lot.

S

 

[padi_fan]

2nd H1B 6Yr Term - When to apply? Please Help !!

Thanks a lot for the answers, Hathwar.

Any idea if the quota will last till after May2005 - given they start receiving applications from march? I have my doubts about this.

Alternatively, is there something else I can do to start working in US ASAP after May 2005? Any help is greatly appreciated.

Thanks again.

 

[anandrajesh]

Since you have a masters from US Univ, you shouldnt be concerned too much about H1 Visa numbers. As long as the additional 20000 reserved is not filled by May you should be ok.

May is too early to think about exhausting Visa Numbers. I would suspect July/ August as the month that probably will run out of Numbers. Again i am guessing and you never know what the Indian IT(wipro, tcs, cts & co) giants have in store. They may apply en masse as soon as the visa numbers open.

I am not an attorney and these are just my views and they need not be accurate.

Thanks a lot for the answers, Hathwar.

Any idea if the quota will last till after May2005 - given they start receiving applications from march? I have my doubts about this.

Alternatively, is there something else I can do to start working in US ASAP after May 2005? Any help is greatly appreciated.

Thanks again.