More details to this question:
Hi. I am maxing out my current H1B in May 2014. I am currently in the US. If I leave US now in December 2013, can I apply for a new H1B in April 2014? I understand that when I complete my full six years in H1B, I have to physically stay 1 year outside before I can come back. That is why I am asking, If I leave now in Dec 2013, can I apply for new H1B in Apr 2014 and come back to US in Dec 2014? Basically there are two confusions that I am looking answers for. 1. When I leave US before 6 year expiration of my H1B, when will I become eligible for filing a Fresh H1B? 2. Does the 1 year period outside US after 6 years H1B is for applying the petition for fresh H1B or for coming to the US in next H1B?
1 ANSWER
Thomas J. Rosser
In order to be given a "fresh" six year period after having used up your 6-year maximum in H-1B classification you will be required to depart the US for a full twelve-month period before being allowed to re-apply for a new H-1B. You cannot depart in December (2013) and file in April 2014 since you have not been physically absent from the US for at least the requisite twelve months at the time of filing.
Answered on Dec 20th, 2013 at 5:58 AM