My friend was in INDIA trip on H1B valid until October 2006 - left on APRIL 1st week 2005 .In H1 there is a clause saying that if he is out of USA for a straight one year and if come back with the same H1...can he still apply for the fresh H1 which will be valid for next 6 years as he already out of that country for one year from Now?
As he is having present visa till next year.. means till October 2006 even if he come on the same visa next year in April i.e after one year he will be having another 6 months visa period..during that time if he change company and apply for H1 that company can claim for fresh H1 saying that he was out of the country for straight one year which is required for another H1 after the expiry of 6 years term.
Any suggestions regrading above situation? Please advise.Thanks
As he is having present visa till next year.. means till October 2006 even if he come on the same visa next year in April i.e after one year he will be having another 6 months visa period..during that time if he change company and apply for H1 that company can claim for fresh H1 saying that he was out of the country for straight one year which is required for another H1 after the expiry of 6 years term.
Any suggestions regrading above situation? Please advise.Thanks