H-1B clock reset after 1 year out


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When you exhaust your 6 years of h-1b time and leave the US for 1 year, when can a new employer file new h-1 which is cap-exempt (ie for medical fellowship).


For example if I left June 30th 2014 can my cap exempt employer file new H-1B petition a few months in advance of my start date of July 1st 2015?



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To reset the clock, a new H1 petition can only be FILED once you have been abroad for at least a year.

In your example, a new H1 petition could be FILED on July 1, 2015. If the quota is full by then, a new petition could only be filed in April 2016 for a start date of Oct. 1, 2016.

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