You are here:

Immigration Issues/H1 and L1A max year limit rule

Advertisement


Question
I was on my H1 for 6 years and L1A for 1 year continuously from Jan 2005 - Jan 2012. I converted to H4 visa(my spouse on H1B).  My questions are
1. When can I apply for another H1B?
2. Should I move out of the country for 365 days / not work and be on H4 for 365 days?
3. If I move out of the country now in May 2012 and apply for H1 next year 2013, will I be considered under the 65000 visa cap or can I get my visa stamped immediately after my H1 is approved and start working or will I fall under the 65000 cap and will have to wait till Oct 2013 to start working on the new H1B.

Please clarify.

Thanks.

Answer
Dear Krishna,

My answers to your questions are below:

1. When can I apply for another H1B?

When you have lived out of the US for 365 days.

2. Should I move out of the country for 365 days / not work and be on H4 for 365 days?

You should move out of the country for 365 days to restart your H1b period.

3. If I move out of the country now in May 2012 and apply for H1 next year 2013, will I be considered under the 65000 visa cap or can I get my visa stamped immediately after my H1 is approved and start working or will I fall under the 65000 cap and will have to wait till Oct 2013 to start working on the new H1B.

You will be subject to the cap because it's a brand new 6 year H1b.  You will have to wait until October 1st, 2013

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

©2016 About.com. All rights reserved.