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sk5in

Cooling period after 6 years of H1B

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Hello,

My H1B max date is end of April 2019 (including a month of vacation in India since I first came to US in early April 2013). My current I-94 date date is 3/25/19. I do not have I140. My employer will not be extending I94 by just one month. So I will be going back to India before my I94 end date. 

I have following questions related to cooling period -

1. Can my new H1B be filed in Mar/Apr 2019 (which will be available by Oct 2019, if all goes well), and can I travel back to US after March 2020? 

2. If I'm eligible for L1A, when is the earliest it can be filed after March 2019? 

3. Does cooling period of 365 days apply only when same type of visa (H1B or L1) needs to be applied again? 

Thanks in advance. 

Edited by sk5in
corrected spelling

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The clock ONLY resets if you are abroad for at least a year before a new H1 petition is FILED.

In your case that means an employer can file a new H1 or L1 petition in April 2020.

 

Edited by JoeF

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