H1b transfer and cooling period

M

mastt

New Member
Hello All
I am in India right now and have 10-11 months balance(unused) on existing H1B which I need to transfer to a new employer. Also want to complete 365 days cooling period while in India so that would be ready for new H1B next time it opens. My query is whether I can apply for the transfer of existing H1B before completion of 365 days and then enter USA physically when cooling period id complete OR I can apply for transfer/ New H1B only after completion of 365 days outside USA.
Please advice.

Thanks
 
Your stay in H-1B is limited to 6 years unless labor certification is filed before start of 6th year in which case you get to extend H-1B in 1 year increments OR if I-140 is approved you can extend for 3 years on H-1B. If you have utilized 6 years of H-1B and you decide to come after staying in home country for 1 year it would be counted towards new H-1B quota. Whether you file for change of employer or not, at the end of the day your total stay is limited to 6 years in absence of non-filing of labor certification or I-140 approval.
 
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