Input required based on Cooling Period


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Dear Murthy Firm ,

Need your advice on cooling period of stay outside of USA for 365 days.

My Visa & Travel information :

I was in USA on L1B with my employer from Oct'2009 till Sep'2012 (2 years & 9 months).
Before reaching India I filed H1B petition on the same year April 2012 & it got approved on November 2012 which is valid for 3 years till September 2015.

Based on new assignment I filed amendment from India & it got approved with same validity till 09/30/2015. I landed back to USA on the month of May 2013. Before my H1B visa expire I applied for my H1B extension. But my employer only filled for 11 months of extension considering the cooling period. Currently my visa is valid only till 27th Aug'2016.

Due to family constraints I returned back to INDIA on 01st June 2016  (2 years, 11 months & 17 days of stay from May 2013).

Kindly clarify the below questions:-

1) Provide input on Cooling period as whether am I eligible to file fresh H1B on next year April 2017 (Year 2018 Quota) or I need to wait full one year to be completed after my return from US (June 2016) or from visa expiry that is till next August 2017 then only I can file on April 2018 (Year 2019 Quota) ?

2) One more Not sure is this valid or not... whether I can extend my current visa by applying extension through another employer where in I'm in India ?!


Note : L1B, H1B, H1B -amendment & H1B extension is all filed with same employer there is no change till now.

Kindly help me with clarification on this matter. And could you suggest of any options to return back to US

Thank you so much.


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You are eligible to stay 6 years from the day you landed in US on H1B. So you can apply for H1 extension.

Once your PERM(Labor) is approved you will get extension of 1year after your 6 years completion. And if you get I140 approved you will get extension of 3 years. 



Thanks Mahesh, But my doubt is I returned back to India. Is it possible for me to apply for extension now?

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