Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Nag001

Question regrading cool off period with travel with B/B2 visa b/w L1B and H1b Visa

Recommended Posts

Hi, 

I have query regarding Cooling off period for my visa.

Here is my entry and exit dates from US.

Visa Type   Entry Date(US)    Departure Date(US) Total no of days in US
L1B             16-Nov-13            09-Dec-13         23 Days
L1B             23-Dec-13            23-Oct-16         2 years 10 months
B1               9-Apr-17              1-Jun-17          56 Days
H1B            26-Oct-17            22-Apr-19         1 year 6 Months
H1B            19-May-19           Till Now          1 year 5 Months


Q1: I have applied my H1B visa extension in September 2020. Based upon my entry and exit dates, do you think I am eligible to get visa extension for next 3 years that's' till 2023?
Q2. Does my past travel on B1/B2 visa between 9th April 2017 to 4th June 2017, will have any impact on Cooling off period?
    Q2.1. If cooling period is not applicable, then  my H1b will max out in Dec 2020. My GC process has not started, so can I initiate my perm process now? 
       I understand by Dec 2020, perm process cannot be filled as it will be in mostly recruitment phase by max out time. But in best cases (If no RFE and Audit) I can get I140 approved by June 2021.What's your opinion about this?
        Q2.2- If cooling period is not applicable, should I go back out of USA and wait for 365 days for cooloff period?

Please guide, out of Q2.1 and Q2.2, which will be best option for me? 

Share this post


Link to post

The 1 year period extends by the duration you were in the US on B1. Based on the timeline you posted the clock did not reset because you haven't been abroad for a year between the L1 and H1.

And anyway, the date of APPLYING for the H1 is what matters. I assume the H1 was filed in April 2017. So, even without the B1 time the clock did not reset.

Edited by JoeF

Share this post


Link to post

Thank you vey much JoeF for quick response. Yes H1B was filed in April 2017.

In that case, I will have to go out of USA for 365 days, starting from Dec 2020 (which will be 72 Months , time spent of L1B+ time spent on H1B) to rest clock. So after 365 days which will be approx. Jan 2022, will I be eligible for another 3 years of H1B stay?

1. Will it be good idea to  start GC processioning now? Do you see any risk in GC processing now?

2. Should I start GC processioning once I am back after completing cooling period of 365 days out of USA in January 2021? 

 

Share this post


Link to post

You will be eligible  for a fresh 6 years of h1b visa after staying out of the country for one year. However, ofcourse you will have to go through the lottery again at the time.

The gc process can be started anytime, whether you are in the country or not. It’s for a future job an not connected to your h1b. Typically the earlier it’s started the better, but with the new DOL wage rules in effect it may be prudent to wait for the rule to be struck down in court prior to starting the PERM process, unless the increased wages do not affect you.

 

 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×