Waiting period for filing new/fresh H1B after expiration of 6 years of first H1B


rahul12345

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Hello, 

 

I am currently on the 5th year of my 1st H1B visa. I don't have any green card or I140 filing yet. 

 

I believe that its required to wait for year or two before filing for new/fresh H1B after expiration of current H1B renewal. 

 

My 1st H1B was filed in 2009, I had returned to India in 02/2011 and stayed there till 04/2013. I was out of US for more than 2 years. I came back in 2013, got H1B extension which is supposed to expire in 03/2018. Can I apply for fresh H1B in 04/18, or do I need to wait for 04/2019 to file for new H1B? Will the time I spend in India back in 2011-2013 be consider as the waiting period for the new H1B? 

 

Thank you for reading. 

 

Regards,

Rahul

 

 

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The rule is you spend 365 days out of the country and THEN a H1 sponsor files a CAP SUBJECT H1 and gets it approved for you to get a new term of 6 years.

I get that we have to spend time outside US, and I have already spend straight 2 years in India. Technically, I believe that 365 days period starts after the expiration of the 6 years, I have spend twice that time before the expiration of my 6 years. Is there a workaround that will make those 2 years count towards the required 365 days wait period? 

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I get that we have to spend time outside US, and I have already spend straight 2 years in India. Technically, I believe that 365 days period starts after the expiration of the 6 years, I have spend twice that time before the expiration of my 6 years. Is there a workaround that will make those 2 years count towards the required 365 days wait period? 

No that's not possible. 

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