I was on H1B which expired last year in May 2017. I am on H4 EAD now(in USA). Would like to know if a new H1B can be applied now as one year period is already over? Does the cooling period need to be served outside USA? If H1B can be applied, will it come under cap?
H1B cooling period has to be outside USA
The cooling off (365 days) period has to be spent outside USA to be re-eligible for a new H1B term.
H4 EAD time spent - Not counted towards H1B Cooling off
Your H4 EAD time is NOT eligible to be counted towards H1B cooling off period.
L visa, B visa time spent in USA - Not counted towards H1B cooling Off
Any other visa time that you spend in USA is also not counted towards cooling off period. It has to outside USA to be eligible again for H1B work authorization.
Thanks for the clarification Anil!
Are there any latest updates for H4 EAD policy changes apart from they are making some decision in next 3 months? How long will it take to come that policy change into effect if they decide to cancel it and will it be cancelled with immediate effect or until the EAD period runs out?
Thanks for all the help!
There is no specific time frame that can be defined for final DHS decision. We have created an estimated time chart based on how fast or slow DHS makes next set of decision here:
The expectation is that they will allow current H4 EAD permits to run through their validity and renewals will be suspended.
Thanks for the information.
my H1B 6 years is coming to end in May 5th 2021. If I leave USA in May 2021, am I eligible to apply for H1B in April 2022 as I will be travelling to USA after October 2021? Thanks for your help
Could you get answer to your query? I am on the same boat