QUESTION
Am i eligible to apply fresh H1B in 2016 Apr Qota
Asked on Oct 26th, 2015 on Immigration - South Carolina
More details to this question:
My H1B visa is expired on Jun 30 2015 and I stayed in US nearly 5 years and 6 months and came back to India on Jun15 2015. Please let me know shall I apply new H1B work permit in next year cap(March 2016). I know we have 365 days rule. But, If I will get the visa in next year quota, that is valid only from October 2016. So my 365 days period will be over in June 2016. Please confirm am I eligible for next year CAP(2016).
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
U.S.C.I.S. appears to have given conflicting answers here over the years, but the latest that we can recall seeing is that an individual would have to remain back 365 days before an H-1B petition could be filed on his or her behalf. That interpretation, unfortunately, does not benefit you in seeking a new 6 years. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 24th, 2015 at 9:20 AM