H1B - Max Out - Filing Fresh H1B

Hi Anil,

My H1B is about to max out and I am going back to India. Once I’ll be there for one year cool off, May -2020 -> May 2021. I would request my employer to file fresh H1B and I got to know that as I have have been maxed out my fresh H1B request won’t fall under lottery process. Can you please suggest.


Hi @Ktemp_Ytemp

You do not need to go through lottery if your i140 has been approved.

But, since you are talking about waiting for 1 year in India, i assume your PERM and i140 has not been filed.

In this case, you will need to go through lottery again to get a new H1B 6 year term.

Thanks Anil for prompt response.


Hi Anil,

My Visa is will max out soon and I plan to move to India and then I want to again apply for fresh H1B.

Just to make sure I don’t miss the H1B filing window in 2021 ( after one year of cool off period)

When do you think I should move to India so I don’t have to wait one more extra year? my current H1B expires in May 2020.


You should leave 365 days between your next H1B filing date (1 April) and your leaving date now.

Thanks a lot Anil for quick response.


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