Cooling off period Query


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Hi,

I have been in US for 4.5 years. Then i had to go to India for stamping and stayed in India for 370 days. 

After coming back on same H1b, i stayed for 1.5 years and now i am completing my 6 years cap.

Q1 - Will the 370 days period i stayed outside US, be considered as cooling period...to file my new H1B lottery immediately after completing the cap?

Q2 - Will the 6 year clock reset happens to my case, since i stayed outside US for more than a year. Can i extend my same H1 B petition again since the clock is reset?

Q3 - Can i file for new H1B lottery March 2021 if my current H1B visa cap expires by sept 2021. Technically, by the time new H1 petition is approved in OCT 2021, old one will expire in Sept 2021. Can we file another while my current one is active.

Please help. Thanks in advance.

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Concept of cooling off- clock reset is for applicants who have completed 6 years, so it may not apply to you. 

so ,  complete 6 years-> 365 days cool off period (stay out side US)-> file for new H1b if you do not have an approved i140. 

22 hours ago, meherbabu83 said:

Q1 - Will the 370 days period i stayed outside US, be considered as cooling period

No

22 hours ago, meherbabu83 said:

Q2 - Will the 6 year clock reset happens to my case, since i stayed outside US for more than a year. Can i extend my same H1 B petition again since the clock is reset?

No, it did not happen in your case 

 

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Hi JoeF,

What is the case for applying H1B application for my case with approved I-140 and stayed outside USA for 2 years. Earlier to which I was working on H1B for 6 years 2 Months in USA before my H1B was denied in 2018.

Can a new employer sponsor me H1B anytime this year or else it should go through the regular 1st April deadline by submitting my candidature in the lottery pool again?

Thank you.

 

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On 3/18/2021 at 7:20 PM, sreshty said:

Hi JoeF,

What is the case for applying H1B application for my case with approved I-140 and stayed outside USA for 2 years. Earlier to which I was working on H1B for 6 years 2 Months in USA before my H1B was denied in 2018.

Can a new employer sponsor me H1B anytime this year or else it should go through the regular 1st April deadline by submitting my candidature in the lottery pool again?

Thank you.

 

If you have an approved I-140 you are cap-exempt and an employer can file an H1 for you at any time. That's even true if the I-140 was revoked after 180 days.

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