I will complete 6 years of H1B in December 2016. If I leave the U.S. before October 1st, can I then apply for a fresh H1B in next year’s lottery?


In order to file for H1B based upon having spent a year abroad, it is necessary to qualify at the time of filing in April. Thus, it is already too late to qualify for the April 2017 cap season (assuming a lottery is necessary). Whether you leave before October 1st or stay until December, you likely will need to wait for the April 2018 cap season. (20.Jun.2016)

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