Applying fresh H1B after max out date

Hi Saurabh,

The max out date on my H1B petition is 28th September 2014 and my company has not filed my GC yet.

My questions are as below:

  1. Can my company file a new H1B in April 2015 even though I would not have completed 365 days cool off period but the start date would be October 1st 2015 by which I would have completed 365 days cool off period.

  2. Can I take up another job offer now and request another company to file my GC at this stage? Is it a realistic option?

  3. My wife’s H1B is valid till Dec 2014 (with 4 years left on the petition), if she goes back with me in September 2014 and tries to come back again in October 2015 will her H1B still be active? If she files for an extension before Dec this year shold she get her visa stamped and then enter on H1?

Please advise. Thanks again for answering my questions everytime!



  1. Yes you can but I am not sure about the chances of denial. But say your H1B gets approved and you get 3 yrs, you are lucky and finish off 365 days cool off.

  2. If they are ready to file it. But not sure how realistic it is. But possible.

  3. I understand your question as petition is valid for 4 more years but stamping is valid only till 2014. If H1B is valid for 4 more years why would you go for extn? Whatever be the case, you need a valid stamping on the passport to re-enter US.