H1B Transfer and cooling period


mastt

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Hello All

 

I am in India right now and have 10-11 months balance(unused) on existing H1B which I need to transfer to a new employer. Also want to complete 365 days cooling period while in India so that would be ready for new H1B next time it opens. My query is whether I can apply for the transfer of existing H1B before completion of 365 days and then enter USA physically when cooling period id complete OR I can apply for transfer/ New H1B only after completion of 365 days outside USA.

 

Please advice.

 

 

 

Thanks

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Hello All

 

I am in India right now and have 10-11 months balance(unused) on existing H1B which I need to transfer to a new employer. Also want to complete 365 days cooling period while in India so that would be ready for new H1B next time it opens. My query is whether I can apply for the transfer of existing H1B before completion of 365 days and then enter USA physically when cooling period id complete OR I can apply for transfer/ New H1B only after completion of 365 days outside USA.

 

Please advice.

 

 

 

Thanks

 

If your employer applies as cap exempt even after 365 days of being outside US you would get 10-11 months. Your employer has to file a cap subject H1B petition after being outside US for 365 days to get 6 years.

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