AM I ELIGIBLE FOR NEW H1B FOR 2017 Lottery ?

[h1bchaprasi]

I am currently in US in H1b and want to explore possibilities for new H1b or any other options .

My travel history is as below .

Entry date Depart Days
1/23/2006 3/16/2006 52
3/9/2006 11/27/2007 628
12/3/2007 2/19/2009 444
11/1/2014 4/23/2017 904

Total days 2028


Now my h1b visa will expire on 4/23/2017 , and as per the recapture rule I can claim another 162 days for visa extension .

My PERM is in initial stage with PWD just came in , not sure when the PERM will be approved .

What can be best option for my case .

1. Apply for new H1b in April lottery and start working in oct 2017 , is this possible?

2. Go for extension for 162 days and exhaust all H1b years .

All suggestions are appreciated .

[raghvi]

I am currently in US in H1b and want to explore possibilities for new H1b or any other options .

My travel history is as below .

Entry date Depart Days
1/23/2006 3/16/2006 52
3/9/2006 11/27/2007 628
12/3/2007 2/19/2009 444
11/1/2014 4/23/2017 904

Total days 2028


Now my h1b visa will expire on 4/23/2017 , and as per the recapture rule I can claim another 162 days for visa extension .

My PERM is in initial stage with PWD just came in , not sure when the PERM will be approved .

What can be best option for my case .

1. Apply for new H1b in April lottery and start working in oct 2017 , is this possible?

2. Go for extension for 162 days and exhaust all H1b years .

All suggestions are appreciated .

In order to be eligible for fresh filing of H1 you need to stay out of US for at least 1 Year.
Your best bet in staying beyond the 162 days without leaving US is to get I140 approved before then.

This is my opinion not legal advice.