new H-1 after 6yrs+10 mos out of US

Y

YnotCanada

Registered Users (C)
My 6yrs H1 expired in Oct-2003. Presently, I am out of US for last 10months. I am eligible for new H1 from Nov 2004.
Can I apply *NOW* for new H1 with starting date in Nov 2004 ?
Or do I have to wait until november to apply for new H1? Does anybody know??

Does BCIS accept applications with future H1 start dates in this type of cases???
 
YnotCanada said:
My 6yrs H1 expired in Oct-2003. Presently, I am out of US for last 10months. I am eligible for new H1 from Nov 2004.
Can I apply *NOW* for new H1 with starting date in Nov 2004 ?
Or do I have to wait until november to apply for new H1? Does anybody know??

Does BCIS accept applications with future H1 start dates in this type of cases???
Click to expand...

I think, you have to be eligible for a fresh H1 on the day of application, which means you have to complete 1 year. You would be better off waiting until you complete 365 days from your date of exit from US, and then apply, as opposed to applying now and getting a rejection or running the risk of getting visa denial at consulate.
 
nshalady said:
I think, you have to be eligible for a fresh H1 on the day of application, which means you have to complete 1 year. You would be better off waiting until you complete 365 days from your date of exit from US, and then apply, as opposed to applying now and getting a rejection or running the risk of getting visa denial at consulate.
Click to expand...

Right! USCIS generally requires you to be eligible for a benefit at the time of application for that benefit, regardless of when the benefit will take effect.
 
Jim Mills said:
Right! USCIS generally requires you to be eligible for a benefit at the time of application for that benefit, regardless of when the benefit will take effect.
Click to expand...

Jim,
Does the 6-year clock get reset after a year even if one visits the US on a B1/B2 for business work for a few weeks (and maybe couple of times)

Thanks
 
I was in USA on H1 and L1 visa. If the L status is counted with H classification my 6 years will be over by December 2004 after recapturing all my stays outside USA. I applied for H1 B last year and USCIS gave me 3 years approval and the consulate gave me a stamp for the same years. My I-94 is valid upto october 2006. Now I applied for H1 B transfer to a different employer and waiting for USCIS approval/denial. Do I ave to leave the country before the 6 years cap countin my L1 status? Or I can wait for USCIS decision. By the way My lawyear said that USCIS mistakenly gave me three years approval and this time you will not get the approval upto October, 2006. Is that true?
 
You must log in or register to reply here.
Top