santhoshs Posted March 17, 2019 Report Posted March 17, 2019 Hi Folks, I am in my 6th year of H1b, perm process not started. My Question is if i go out of country for year before before i complete 6 years on H1b. Will i be cap-exempt after staying out of country for year and my counter reseted ? Thanks in advance
pontevecchio Posted March 17, 2019 Report Posted March 17, 2019 No. The way it works is you stay out for one year and then have a cap subject H1 petition filed for you to get 6 years. This means if you leave after April,1 then you are looking at 2 years down the line since the H1 gets subscribed very soon.
JoeF Posted March 17, 2019 Report Posted March 17, 2019 A new H1 in the quota can be FILED once you have been outside the US for at least one year.
Swaranjali Posted April 4, 2019 Report Posted April 4, 2019 I am in the same situation. Do I have to be out of USA for consecutive 365 days? what if I apply for H4 and go back to India for 3 months, visit US on H4 visa for 2 months and then again go back for 10 months?
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