Case: H1B cool off
My H1 is nearing Maxout and I am planning to travel back to India after 15th March 2020.
Question:
I am aware of the 365 days cool off period so was planning to travel before 1st April 2020 to be eligible to apply for H1B for year 2022 Cap. But with the introduction of new H1B registration process which will be from 1stMarch – 20th March, will I be still eligible to apply for H1B for fiscal year 2022 Cap?
Well, this is slightly tricky with the timing. I am not sure, if USCIS would allow you to apply in cap and approve it. The reason is that, if they approve your case, they need to give your approval from October 1st, 2020…which will allow you to come back by then and it would not have been a year…So, not sure it will work. Talk to an attorney and clarify.
Hi Kumar,
In Jassi’s case, if he is flying back in March 2020, he will be eligible to apply for April 2021 H1b drive, so in that case USCIS approval would be from October 1st 2021; going by the dates Jassi has provided.
So isn’t it a valid scenario? He would have completed cooling period by then?
Thanks Kumar,
Seems you replied considering wrong dates. My question is for next years filing.
Ah, my mistake. I was thinking FY 2021. You are right, you can file it for next year in April 2021 for H1B FY 2022, it will not be an issue.
Hi Kumar,
For my case I have completed 6 years in June 20 and came back to India on 28th Oct 20(Stayed there on COS application from june 20 to Oct 20).
If my company files H1b this year, are there any chances of approval?
Will it be straight denial or RFE first ? If RFE then can I buy some time till Nov and enter US on that approval later this year?