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Hello , I lived in US for 6 years on H1B . I came back to India in May 2014 . Am I eligible to apply H1B quota for 2015 ?

Business 2 views 2 answers
Should I stay away 365 day before applying visa or entry back to US ? I came back to India in May 2014 , Can I apply visa in April 2015 to enter back in US on October. Is restriction of one year is to apply visa or coming back to US ? Please clarify.

Attorney Answers

2
Petya Fist ·
The restriction is on coming back, not applying. But as my colleague points out, AC-21 may be a better strategy in you case. You'd avoid the cap and would eventually get a green card.
0 upvotes
Jagbir Terkiana ·
Have to stay out for 365 days before submitting application. So no. However, better bet at this point will be AC-21. 3 years eligibility on approved I-140. So file PERM and premium process I-140, and become eligible for 3 years post 6th year extension without going through the cap.
0 upvotes

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