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New H1B for fiscal year 2019

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  • New H1B for fiscal year 2019

    Dear experts,
    I want to understand if I'm eligible to apply for new H1B petition for fiscal year 2019.
    I'm currently in USA and travelling back to India (Jan-2018) as I've finished my 6 years on current H1B.
    Here are my dates of residing on H1B visa-

    Date Of Entry Date of Exit Number of days
    10-Jan-09 17-Feb-09 39
    10-May-09 15-May-10 371
    14-Jun-10 15-Jan-11 216
    26-Jan-11 4-Jun-11 130

    Gap of 691 days Or* 1 yr, 10 mon

    24-Apr-13 3-Feb-14 286
    21-Nov-14 till today

    I want to understand, as I have a gap of 691 days (Or*1 yr, 10 mon) outside US, will the requrement of staying outside for 1 year in US applicable ?
    Can my company apply for petion for fiscal year 2019 and I can travel back to US post Jan-2019 ?

    Thanks in advance!!

  • #2
    Dear Experts..can you pls help in this query ?

    Comment


    • #3
      Originally posted by kminf View Post
      Dear experts,
      I want to understand if I'm eligible to apply for new H1B petition for fiscal year 2019.
      I'm currently in USA and travelling back to India (Jan-2018) as I've finished my 6 years on current H1B.
      Here are my dates of residing on H1B visa-

      Date Of Entry Date of Exit Number of days
      10-Jan-09 17-Feb-09 39
      10-May-09 15-May-10 371
      14-Jun-10 15-Jan-11 216
      26-Jan-11 4-Jun-11 130

      Gap of 691 days Or* 1 yr, 10 mon

      24-Apr-13 3-Feb-14 286
      21-Nov-14 till today

      I want to understand, as I have a gap of 691 days (Or*1 yr, 10 mon) outside US, will the requrement of staying outside for 1 year in US applicable ?
      Can my company apply for petion for fiscal year 2019 and I can travel back to US post Jan-2019 ?

      Thanks in advance!!
      Nope not eligible. You should have been outside the US for at-least 1 yr. since your last stay, as of the date of application. So, you would have been eligible in 2013, but you used your existing H1. Since you are leaving in Jan, you will be eligible for 2020 lottery.
      Just an opinion; Not legal advice.

      Comment

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