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Abhishek Ghosh

Filing new H1B post Maxing out previous one

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Hello,

I left USA on June-07, 2018 just one month before my H1B was supposed to get MAXED out i.e. on Jul-14; 2019.

I'm currently working in Canada (outside USA) for the same employer / same role just changing geography/location.

My Question is - Can I request my employer to APPLY fresh H1B VISA for me this year only i.e. Apr-2019. I'll only be coming to USA somewhere in Oct-2019 and, will plan to even go for Stamping post June-07, 2019 only i.e. completing 365 days of cool off period (outside USA)

Is it possible to at least APPLY for H1 B within 365 days of H1B Maxing out and, submitting client invitation letter requesting travel date only after 365 days of cool off period i.e. somewhere in Oct-2019. 

Regards, Abhishek 

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The clock only resets if you are abroad for at least a year before a new H1 petition is FILED. Date of stamping or date of entry is completely irrelevant. Date of FILING has to be at least one year after you left.

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On 1/9/2019 at 6:36 PM, JoeF said:

The clock only resets if you are abroad for at least a year before a new H1 petition is FILED. Date of stamping or date of entry is completely irrelevant. Date of FILING has to be at least one year after you left.

Thanks for the information

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