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rajib01

H1B - Fresh new Cap subject petition after waiting 1 year

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Hey guys,

I am exhausting my total 6 year H1B visa in Aug 2020. I know that I have to stay outside of US for one year before I can apply for another 6 year term. I will leave US in August 2020. Can my employer apply in cap subject petitions in April 2021? If that is accepted in lottery and approved then I can start working in Oct 2021 at the earliest. So technically I will be outside US for more than a year. Is that how it is calculated? Or Do I have to wait until 2022 April?

Edited by rajib01

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A new H1 can only be FILED when you have been abroad for a year.

So, if you leave in August 2020, a new H1 petition can be FILED in August 2021. If the quota is full by then it can be filed in April 2022.

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