Fresh H1B after maxout on previous H1B

[Arun217]

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?

[adshah84]

You can not apply in 2018. If cap is not filled by the day you left USA you can apple in 2018. 

Otherwise you will have to wait till April 2019. 

[JoeF]

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

 

[Arun217]

Thank you adshah84

 

On 9/7/2017 at 0:11 PM, adshah84 said:

You can not apply in 2018. If cap is not filled by the day you left USA you can apple in 2018. 

Otherwise you will have to wait till April 2019. 

 

[Arun217]

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