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Fresh H1B After 6 years..Please help
- Thread starter sgajjela
- Start date
global_goonda
Registered Users (C)
You have to apply for the 7th year extension, not for a fresh H1. See the 7th year extension forum for more details.
Originally posted by sgajjela
I will be completing 6 years by this April 11th. Can I apply my fresh H1B for year 2005 qota OR do I have to wait for 2006 quota ? Thank you the help.
He can ONLY apply for 7th year H1 extension if
Any employer filed LC for him 365 days back and he has the evidence
OR
I-140 filed and pending
OR
I-485 pending
If the poster does not have any of the above pending then the day he completes 6 years from the date he entered US on H1 he has to leave US and have to wait out of US for 1 year to get new H1
** you must discuss your options with your lawyer
Any employer filed LC for him 365 days back and he has the evidence
OR
I-140 filed and pending
OR
I-485 pending
If the poster does not have any of the above pending then the day he completes 6 years from the date he entered US on H1 he has to leave US and have to wait out of US for 1 year to get new H1
** you must discuss your options with your lawyer
Please help..urgent...
thank you for reply. I think I have not mentioned about the my GC status. sorry for that. My labor is not even aplied and 6 years
period is getting over by this April 11th.
Now, Can I apply for a fresh H1B for year 2005 quota or do i need to wait for 2006 quota ?
meaning, Do I need to stay out US for one year THEN apply for fresh H1B ? OR Can I apply before completion of of one year which needs to spend outside US for getting a another 6 years on my h1 ?
Please hlep..
thank you for reply. I think I have not mentioned about the my GC status. sorry for that. My labor is not even aplied and 6 years
period is getting over by this April 11th.
Now, Can I apply for a fresh H1B for year 2005 quota or do i need to wait for 2006 quota ?
meaning, Do I need to stay out US for one year THEN apply for fresh H1B ? OR Can I apply before completion of of one year which needs to spend outside US for getting a another 6 years on my h1 ?
Please hlep..
. I think I have not mentioned about my GC status. Sorry for that. My labor is not even applied and 6 years
period is getting over by this April 11th.
----- it means you have been changing jobs, 6years and no employer filed LC for you?
Now, Can I apply for a fresh H1B for year 2005 quota or do i need to wait for 2006 quota ?
----- you need to speak with the lawyer or employer who can file NEW H1 for you and USCIS publish the dates when should apply NEW H1 for you, BUT you have to exit US after April 11th and have to remain out of USA for 1 year
meaning, Do I need to stay out US for one year THEN apply for fresh H1B ?
-------talk to your lawyer or future employer
OR Can I apply before completion of one year, which needs to spend outside US for getting another 6 years on my h1?
---- I hope employer can apply before and with start date after you have been out of US for 1 year, if you exit US on April 11, 2004 employer can write the start date April 12 2005 and can file H1 application for you 6 months advance
period is getting over by this April 11th.
----- it means you have been changing jobs, 6years and no employer filed LC for you?
Now, Can I apply for a fresh H1B for year 2005 quota or do i need to wait for 2006 quota ?
----- you need to speak with the lawyer or employer who can file NEW H1 for you and USCIS publish the dates when should apply NEW H1 for you, BUT you have to exit US after April 11th and have to remain out of USA for 1 year
meaning, Do I need to stay out US for one year THEN apply for fresh H1B ?
-------talk to your lawyer or future employer
OR Can I apply before completion of one year, which needs to spend outside US for getting another 6 years on my h1?
---- I hope employer can apply before and with start date after you have been out of US for 1 year, if you exit US on April 11, 2004 employer can write the start date April 12 2005 and can file H1 application for you 6 months advance
If the employer has pre approved LC that matches with your education, skills on the date LC was filed then still you can file I-140, I-485, EAD with labor substitution. Any good attorney can prepare the documents in 2-3 days and you can get medicals done in 2-3 days and file I-140 with LC substitution and I-485 and EAD.
If they don’t have any approved LC then you should have no regrets because you worked for 6 years jumping here there and earned enough, think about those who were laid off in 2001, 2002 and have to go back. You may also find a good job if you are from India and your track record is good in changing employers and once find any good company in India you can change easily to others and no headache of H1 or GC
If they don’t have any approved LC then you should have no regrets because you worked for 6 years jumping here there and earned enough, think about those who were laid off in 2001, 2002 and have to go back. You may also find a good job if you are from India and your track record is good in changing employers and once find any good company in India you can change easily to others and no headache of H1 or GC