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Immigration Issues/Cap subject h1b filed before 365 days for second 6-year term?

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Question
Hi Ajay
I have stayed in us for 6 years in my first h1, left us 12-apr-2012 which means I will be completing my 365 days on 14-April-2013. Now can my second term h1 be filed on 1-april-2013 or can it be only filed 14-April-2013 or later
Thank you
IK

Answer
Hi,

You should be outside the U.S. for one year (365 days) before it can be filed. As you will be subject to the visa cap again, the earliest it should be filed is April 12, 2013 requesting employment start date of Oct. 01, 2013. Hopefully the visa cap will not already be reached by time the USCIS receives the petition on April 12.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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