Fresh H1B petition during the 1-year cooling-off period

[VishalPP]

I recently completed my six-year stay in the US in December 2022. It appears that my registration was selected in this year's H1B lottery. However, my employer has informed me that I am currently in a 1-year cooling-off period, and they are unable to process my case or file the petition until the cooling-off period ends in December 2023. I would like to know if it is true that during the cooling-off period, a candidate is ineligible to have a petition filed for an H1B or L1 visa. Your guidance on this matter would be greatly appreciated.

Thank you.

[pontevecchio]

You can only apply for a fresh H1 in April 2024.

Be wary of your employer if he claims otherwise.

[JoeF]

The employer is right.

A new H1 petition can only be filed after at least a year abroad.

[VishalPP]

Thank you.