Business Visa after 6 years

[therock]

Hello all,
This is for a friend of mine who is in India. He worked in the US for 6 years and went back and joined a comapny in India. Now, the company wanted to send him to US in business visa. If he comes to the US in business visa, would he be able to get H1 after 1 year ....? or should he wait for 1 year from the date from the business visa expires...?
Please post any thoughts...!!
Thanks

 

[jaxen]

He has to be away from US for one full - continuous year to be eligible for 2nd term of H1. If that 1 year is already over, then coming into US using Business visa will not affect his 2nd term H1. Otherwise, he has to wait outside US for one more year to be eligible for 2nd term H1.

 

[therock]

Thanks Jaxen......