Fresh H1B after maxout on previous H1B


Arun217

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Hi,

I completed 5 years and 11 months on H1B in August 2017 and moved back to India by end of August. I understand the fact that I should stay out of US for 365 days for the clock to reset. Am I eligible to apply for fresh H1B in April 2018 or should I wait till April 2019? If I apply in April 2018 and assuming everything goes fine (lottery, approval, etc..) by the time my petition gets approved I would have already spent 1 year outside US already. Is this is a valid scenario? Can I apply in 2018?

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You have to have been abroad for at least a year before a new H1 can be FILED.

In your case, that means a new H1 could be filed end of August 2018. If the quota is full by then, a new H1 can only be filed in April 2019 for a start date of Oct. 1, 2019

 

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On 9/7/2017 at 5:51 PM, JoeF said:

You have to have been abroad for at least a year before a new H1 can be FILED.

In your case, that means a new H1 could be filed end of August 2018. If the quota is full by then, a new H1 can only be filed in April 2019 for a start date of Oct. 1, 2019

 

Thank you JoeF

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