New H1b eligibility after Maxout

USA H1B Visa
1

Hello Redbus team,

First of all a big thanks for the work you are doing, its really appreciable beyond words.

My question is regarding H1b refiling eligibility after maxout.

My H1B maxouted in August 2021 and I am outside USA now. Can I apply H1b in 2022 cycle from other employer or I need to wait 365 calander days for the same ? How USCIS calculates this ?

If I could apply H1B in 2022 and considering my applciation picked up in Lottery, I could only work in US on/after Oct 2022 which is 1+ years after my maxout.

So my question is can I apply new H1B before 365 days of Maxout.

Any help will be highly appreciable.

2

You will need to apply in cap-subject in the 2023 lottery unless you have an approved I140 which makes you eligible for AC21 cap-exempt extension.

3

Thanks Kalpesh, So there is no way out to apply in 2022 quota, right ?

4

You need to wait for 365 days outside of the US before applying which means you become eligible after August 2022.