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AM I ELIGIBLE FOR NEW H1B FOR 2017 Lottery ?

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  • AM I ELIGIBLE FOR NEW H1B FOR 2017 Lottery ?

    I am currently in US in H1b and want to explore possibilities for new H1b or any other options .

    My travel history is as below .

    Entry date Depart Days
    1/23/2006 3/16/2006 52
    3/9/2006 11/27/2007 628
    12/3/2007 2/19/2009 444
    11/1/2014 4/23/2017 904

    Total days 2028


    Now my h1b visa will expire on 4/23/2017 , and as per the recapture rule I can claim another 162 days for visa extension .

    My PERM is in initial stage with PWD just came in , not sure when the PERM will be approved .

    What can be best option for my case .

    1. Apply for new H1b in April lottery and start working in oct 2017 , is this possible?

    2. Go for extension for 162 days and exhaust all H1b years .

    All suggestions are appreciated .

  • #2
    Originally posted by h1bchaprasi View Post
    I am currently in US in H1b and want to explore possibilities for new H1b or any other options .

    My travel history is as below .

    Entry date Depart Days
    1/23/2006 3/16/2006 52
    3/9/2006 11/27/2007 628
    12/3/2007 2/19/2009 444
    11/1/2014 4/23/2017 904

    Total days 2028


    Now my h1b visa will expire on 4/23/2017 , and as per the recapture rule I can claim another 162 days for visa extension .

    My PERM is in initial stage with PWD just came in , not sure when the PERM will be approved .

    What can be best option for my case .

    1. Apply for new H1b in April lottery and start working in oct 2017 , is this possible?

    2. Go for extension for 162 days and exhaust all H1b years .

    All suggestions are appreciated .
    In order to be eligible for fresh filing of H1 you need to stay out of US for at least 1 Year.
    Your best bet in staying beyond the 162 days without leaving US is to get I140 approved before then.

    This is my opinion not legal advice.

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