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Can I apply for fresh H1 visa this year but start working in April 2014 so that I can reset my visa by going outside US?

Denver, CO |

Hello, I am currently on L1A visa and completing 7 yrs this June (2013) , I wanted to ask whether I can apply for fresh H1 visa this year (2013) and start job in April 2014 . I have to reset my visa so I have to be outside the country for at least a year.I will leave US this month end (March 2013). Please claify if this can be done? Also if there is any other way to reset the visa and also start working ? Other option is to come in April 2014 on H4 (I can come as my spouse dependent) and apply for fresh H1 next year ie 2014, but in this case I will not be able to work until October of 2014.So that is why I was considering the option mentioned above. Please guide. Thanks

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Attorney answers 3


You can only apply after the reset.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Not possible.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.