My current H1B petition(I-797)will expire on Nov 18th,2011.My I-94 expires on Nov,18th 2011.My company will not be able to apply for H1B extension before Nov 18th since the paper work from the client is not finalized.My company would like to apply for H1B after the client signs the paper work which might happen in Dec or Jan 2012. I will leave US on Nov 15th.
Can my company apply for h1B any time after Nov18th,2011 & Apr 2012 after my current H1B petition expires irrespective of whether the current '2012 H1B cap count'(65,000) is still open or not?
Or Can they apply for new H1B only after April 2012 when '2013 H1B cap'(65,000) opens up in Apr 2012? When is the earliest I can return to US?
I work for Software Services Tech Co and placed at direct client.My company is NOT staffing company