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New H1B after 6Yrs term completed.
Anonymous3 views3 answers
Hi, I am completing my 6Yrs on H1 this December'12 and moving back to my home country.
My Employer will be processing my new H1B to get me back.
Can my employer initiate New H1 in April'2013?
OR
Should i wait for 365 Days even before initiating New H1B?
You will need to spend a full year outside of the U.S. to reset the H-1B "clock" before you can apply for a new H-1B visa. You and your employer should consult with an immigration attorney to determine whether you have any other options.
Under the facts you give, a new H-1B cannot be filed in April 2013.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
