santhoshs 0 Report post Posted March 17, 2019 Hi Folks, I am in my 6th year of H1b, perm process not started. My Question is if i go out of country for year before before i complete 6 years on H1b. Will i be cap-exempt after staying out of country for year and my counter reseted ? Thanks in advance Share this post Link to post
pontevecchio 12 Report post Posted March 17, 2019 No. The way it works is you stay out for one year and then have a cap subject H1 petition filed for you to get 6 years. This means if you leave after April,1 then you are looking at 2 years down the line since the H1 gets subscribed very soon. Share this post Link to post
JoeF 7 Report post Posted March 17, 2019 A new H1 in the quota can be FILED once you have been outside the US for at least one year. Share this post Link to post
Swaranjali 0 Report post Posted April 4, 2019 I am in the same situation. Do I have to be out of USA for consecutive 365 days? what if I apply for H4 and go back to India for 3 months, visit US on H4 visa for 2 months and then again go back for 10 months? Share this post Link to post