H-1B clock reset after 6 years

[rajeevbakhru]

Hi,

I have a question regarding filing a new H-1B which is going to start from October 1, 2007

I was in US from 2000 till Oct 29th, 2006. So can I file new H1B in this year quota i.e. in April 2007.

As per my attorney, I can file only if I would have left the country before October 1st, 2006?

Please help !!!

Thanks
-Rajeev

 

[great guru]

To restart your fresh 6 years

You must be physically out of US for a period of 365 days before applying your H1B.

If you left US Oct 30th, 2006, then you are eligible to apply h1 on Oct 30, 2007 by the time year 2008 quota gone.
So you can apply only April 1, 2008 for Year 2009 quota and start working from Oct 1, 2008.

Hi,

I have a question regarding filing a new H-1B which is going to start from October 1, 2007

I was in US from 2000 till Oct 29th, 2006. So can I file new H1B in this year quota i.e. in April 2007.

As per my attorney, I can file only if I would have left the country before October 1st, 2006?

Please help !!!

Thanks
-Rajeev

 

[rajeevbakhru]

Thanks Guru !!!

 

[cabal]

I think you need to check with a lawyer, If i am not mistaken, you can file on April 29th for a H-1 B with a start date of Oct 29th, 2007 for your H-1B. As your new H-1 B will start from Oct 29th, you should satisfy the 1 yr. requirement for the new 6 yr H1B.

As a side note, i do not think it matters anymore.