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Immigration Issues/H1-b Re-apply after 6 years


Hi Ajay,
I had the following question:
I will complete my 6 years on H1-B on Nov-24th 2013. Now if I depart US on say Nov-24th 2013 then can I file for a new H1-b subject to cap on April-1st 2014 with start date Nov-25th 2014 or
Do I have to wait until Nov-25th 2014 to even apply for the new cap based H1-b petition.

Thank You

After 6 years of stay on H1B one must depart for 1+ year in order to re-apply for H1B.  To my understanding, you will accrue more than 1 year outside US if you join on/after 11/25/2014 (advised to prolong it a couple of months, just to be on safe side).  

Please do seek proper attorney consultation before you take any step.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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