H1B - Out of Cap

Hi Anil,

I returned back from US to India two years back with approx 3-4 months left on my H1B out of total 6 years.

One of my friend suggested that I can apply for Out of Cap as I have been in India for more than 365 days, my US H1B duration would be reset.

Can you please advise if there is any such rule.

Thanks a lot in advance!

Roopal Soni

You should be able to file an H1B transfer ‘out-of-cap’ to claim your unused H1B time.

Is there a possibility that I could get a three year extension even though I have only 4 months left?