Going outside US with 2 months left on H1. Planning to return


SAbbas

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I am in 7th year of H1. I-140 was approved and H1 was valid upto 2 more months but lost job.

Now planning to go back as no company would be willing to hire for 2 months only (and H1 renewal not possible)

I know that I have to stay outside for at least a year, find another company, and then apply for new H1 subject to cap.

My question is: can I make use of the 2 remaining months on this H1 to somehow avoid the H1 cap?

If I stay outside for 1 year then I will be eligible for new H1. But if I come based on the remaining 2 months of H1 then I can avoid the cap. And while I work in the company, it may apply for new H1.

Is something like this possible?

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