Applying for new H1 before the old one expires, after staying out of country for one

[Raju1979]

Hello Everyone!

I have about 3 months left on my H1B visa, due to some unforeseen personal reasons I could not apply for a green card in time.
I am staying out of USA for a year now, and have a few question:

1. Will I be able to apply for a new H1B at the end of the year of my stay?
2. From what I have read, this would not go through the lottery process, is this true?
3. How long does it take to get this new H1B?
4. Has anyone encountered a way where they applied for a job from here while in my position and had the company do their H1B for them?

I am sorry if this question has been answered before, I want to know what the current situation is. My year will be up in January next year.

I really appreciate your time, input and advice on this.

Thanks you!
Raju

[scientist2016]

As long as you have been outside the US for at least 1 yr, as of the application date, you are fine.
Your petition will not be cap exempt, and will have to go through the lottery.
So, if you have moved outside the US before April 2017, you can be petitioned for, in the lottery in 2018.

[Raju1979]

As long as you have been outside the US for at least 1 yr, as of the application date, you are fine.
Your petition will not be cap exempt, and will have to go through the lottery.
So, if you have moved outside the US before April 2017, you can be petitioned for, in the lottery in 2018.

Hi,

I just tried googling after your reply and I found this:

If you previously held H-1B status and are outside the US, you may be eligible to have an Employer file a Cap Exempt H-1B petition for the remainder of your allowed time up to 3 years.
In order to qualify you must be able to show that:
1) You were in H-1B status in the US within the past 6 years.
2) You have not used your 6 years of H-1B status.

Both of above are true for me. I was on H1B till November last year working and I still have a few months left on my H1B.

I should then be Cap Exempt, right?

Thank you for your time.

Raju

[scientist2016]

Yes, but only for the maximum of 3 months, since that is the time left over. I would not recommend that path, since you will be needlessly resetting the 1 yr wait time clock, for little benefit.

[Raju1979]

Thank you!

When do I apply for the new H1B with CAP?
My stay abroad for one year ends on 7th May, 2018. Can I still apply in April 2018?
And, if I do get picked up and approved, when will be the latest that I will get to start working on my new H1B? Will that be October 2018?
Is it possible to apply for premium processing?

All this is new to me as I originally went on an L1 visa and H1B is new to me.
I am quite worried at this point and would really appreciate any input and help from you all.

Thank you,
Raju

[scientist2016]

Thank you!

When do I apply for the new H1B with CAP?
My stay abroad for one year ends on 7th May, 2018. Can I still apply in April 2018?
And, if I do get picked up and approved, when will be the latest that I will get to start working on my new H1B? Will that be October 2018?
Is it possible to apply for premium processing?

All this is new to me as I originally went on an L1 visa and H1B is new to me.
I am quite worried at this point and would really appreciate any input and help from you all.

Thank you,
Raju

Please clarify, were you on an L1 or a H1 when you were in the US in the past?
If you were on a H1:
You need to have stayed outside the US for at-least 1 yr as of the date of the petition. So unfortunately the April 2018 petition date is out of the window. Given that the lottery quota is filled within days, you will certainly not be able to apply in 2018, and hence have to wait until 2019. Once selected in the lottery in 2019, you will be able to start working at the earliest by Oct 1 2019.

Alternately, there is no need for you to be employed or be present in the US, for your GC processing. So, if in the mean time some employer files a GC petition for you, and is accepted, you could enter the US using the remaining time on your H1, and immediately apply for extension based on the approved I140.

[Raju1979]

Please clarify, were you on an L1 or a H1 when you were in the US in the past?
If you were on a H1:
You need to have stayed outside the US for at-least 1 yr as of the date of the petition. So unfortunately the April 2018 petition date is out of the window. Given that the lottery quota is filled within days, you will certainly not be able to apply in 2018, and hence have to wait until 2019. Once selected in the lottery in 2019, you will be able to start working at the earliest by Oct 1 2019.

Alternately, there is no need for you to be employed or be present in the US, for your GC processing. So, if in the mean time some employer files a GC petition for you, and is accepted, you could enter the US using the remaining time on your H1, and immediately apply for extension based on the approved I140.

I was on L1 for a year or so before my company changed it to H1B.
Also, I want you to please consider this:

I left USA in November 2016 (When I was on H1B), but I went back for about 5 weeks on a B1 visa as I had to close my home, sell my car etc. So, if I calculate one year it would be 365 days + 5 weeks that I should stay out for me to be eligible for a new H1B? Instead of till May 7th?

Thank you! You are a rockstar for replying to these questions and helping out.