I have seen conflicting answers to this question so I thought I would ask again. My 6 year H1 expired Aug 31, 2005. I left the US and am in India now. I understand that I have to be outside the US for 1 year before returning but am not sure whether I can even apply before 1 year is up. Can I apply for a new H1 before Sep 1, 2006 which is when I would have been outside the US for a year, say in April 2006 with the new quota?
Some answers in forums seem to suggest I cannot apply before an year is up. Yet others like the link below seem to suggest otherwise:
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(source: http://www.visalaw.com/04jan3/3jan304.html)
“You can apply up to six months before you are eligible for H-1B status again as long as the start date on the petition is no earlier than you are eligible to come back.”
Some answers in forums seem to suggest I cannot apply before an year is up. Yet others like the link below seem to suggest otherwise:
>>
(source: http://www.visalaw.com/04jan3/3jan304.html)
“You can apply up to six months before you are eligible for H-1B status again as long as the start date on the petition is no earlier than you are eligible to come back.”