1 year outside of US

[BhaskarDesireddy]

Hi,

I have returned to India in Aug 2019 due to my h1 extension denial.21 months left on my current petition.

Question: If I stay outside of US for more than a year can I file cap subject petition without waiting for 365 days as I already spent more than a year outside of US after completing 21 months in US?

please let me know for any other possible options. Please advise.

 

Thanks

Bhaskar

[NotAnAttorney]

as you still have 21 months left, is there any reason you want to come thru quota but not cap exempt?

Also to file cap exempt you need to wait until April 12t 2021, and if approved travel after Oct 2021.

You need to complete atleast 12 months out of US by filing date which is april 2020,and in your case you wouldn't complete so wait for next year and file inapril 2021.

[User099]

You need to spend 1 year outside and also have to go thought the lottery to get a new 6 year term. Just staying out for 1 year doesn't qualify you for a new 6 year term. 

[gopalakrishnach]

You can get remaining time with applying H1B outside CAP anytime.

[BhaskarDesireddy]

Thanks for the details.

As per my understanding I am eligible for cap exempt to use 21 months remaining period.

My question here is if I spend one year out of US now,can I apply fresh H1 with out waiting 1 year out of US after using 21 months left period?

please advise

[BhaskarDesireddy]

13 hours ago, gopalakrishnach said:

You can get remaining time with applying H1B outside CAP anytime.

 

16 hours ago, NotAnAttorney said:

as you still have 21 months left, is there any reason you want to come thru quota but not cap exempt?

Also to file cap exempt you need to wait until April 12t 2021, and if approved travel after Oct 2021.

You need to complete atleast 12 months out of US by filing date which is april 2020,and in your case you wouldn't complete so wait for next year and file inapril 2021.

 

16 hours ago, NotAnAttorney said:

as you still have 21 months left, is there any reason you want to come thru quota but not cap exempt?

Also to file cap exempt you need to wait until April 12t 2021, and if approved travel after Oct 2021.

You need to complete atleast 12 months out of US by filing date which is april 2020,and in your case you wouldn't complete so wait for next year and file inapril 2021.

Hi,

I don’t want to go through cap now.As i am anyway spending 1 yr outside of US, can I able to apply cap h1 or L1 without waiting for 1 yr after spending 21 months remaining period on current petition? Please advise

Thanks,

Bhaskar

[User099]

17 hours ago, BhaskarDesireddy said:

 

 

Hi,

I don’t want to go through cap now.As i am anyway spending 1 yr outside of US, can I able to apply cap h1 or L1 without waiting for 1 yr after spending 21 months remaining period on current petition? Please advise

Thanks,

Bhaskar

Smart Boy! It took me 5 mins to realize what you are asking.

NO. Once you enter back to use the remaining 21 months, your current 1 year will not be counted. You will have to spend 1 more year again (plus go thought lottery) if you want to get a new 6 year term.

[BhaskarDesireddy]

Thanks.

At any time it is 6 years irrespective of H1 or L1.If I spent 21 months and if I apply H1 without one year gap can I get 6 years-21 months period?

please advise

[User099]

17 hours ago, BhaskarDesireddy said:

Thanks.

At any time it is 6 years irrespective of H1 or L1.If I spent 21 months and if I apply H1 without one year gap can I get 6 years-21 months period?

please advise

 

[gopalakrishnach]

On 2/25/2020 at 7:57 PM, BhaskarDesireddy said:

Thanks.

At any time it is 6 years irrespective of H1 or L1.If I spent 21 months and if I apply H1 without one year gap can I get 6 years-21 months period?

please advise

I guess you need for finish 6 years total. Then 1 year GAP. Then get H1B throught lottery or L1. Then your 6 years starts.

[JoeF]

2 hours ago, gopalakrishnach said:

I guess you need for finish 6 years total. Then 1 year GAP. Then get H1B throught lottery or L1. Then your 6 years starts.

If a person is abroad for at least a year the person has the option to either get another H1 outside the quota for the remaining time, or a new H1 in the quota for a new 6 years.

If the person uses the first option the time required abroad resets when the person enters on the remainder time H1.

[gopalakrishnach]

21 hours ago, JoeF said:

If a person is abroad for at least a year the person has the option to either get another H1 outside the quota for the remaining time, or a new H1 in the quota for a new 6 years.

If the person uses the first option the time required abroad resets when the person enters on the remainder time H1.

Thats new too me. Thanks.

Edited February 28, 2020 by gopalakrishnach

[User099]

On 2/25/2020 at 10:57 PM, BhaskarDesireddy said:

Thanks.

At any time it is 6 years irrespective of H1 or L1.If I spent 21 months and if I apply H1 without one year gap can I get 6 years-21 months period?

please advise

If you enter now with your old petition, you will get 21 months validity.

If you go thought lottery and then enter, you will get a new 3+3 years.

But not 6 years+21 months (without I140) in either case.