Second H1b after one year abroad

[rvedula]

hello !


My h1b expired on 5th of August 2002.

My LC was still at the state SESA and since I couldn't file for I140 and 7th year extension,
I found a job in England and left the US on 6th of July 2002.

the LC was withdrwan later.


I have a job offer from a co. in US.
I need to apply for a new h1b

the query :

Do i have to wait one calender year before i apply, from july 6th the day i left or from august 6th the day my visa expired.

or

can i apply for a new visa, say in april and come in after the one year is up.

thanks for your time

ramesh

 

[nkm-oct23]

Originally posted by rvedula
hello !


My h1b expired on 5th of August 2002.

My LC was still at the state SESA and since I couldn't file for I140 and 7th year extension,
I found a job in England and left the US on 6th of July 2002.

the LC was withdrwan later.


I have a job offer from a co. in US.
I need to apply for a new h1b

the query :

Do i have to wait one calender year before i apply, from july 6th the day i left or from august 6th the day my visa expired.

or

can i apply for a new visa, say in april and come in after the one year is up.

thanks for your time

ramesh

One year from the day you left US.

Your new employer can apply for H1 anytime BUT WITH A START DATE ON OR AFTER JULY 6TH 2003. Also You should enter US on or after the date, not before.

Are you sure you want to start the GC process again given the market situation in the US? Have you considered UK immigration? They now have a Skilled Migrant Immigration program that is similar to Canada where the immigration process is independent of your employer and takes only 4-8 months.