Eligibility of filing H1 this year

[dKumar2017]

Hi,

I completed 6 years in USA in June 2016 and traveled back to India. During my stay in USA, I didn't file a Green card. For filing H1B again for this year, I am hearing mixed responses. So wanted to know which opinion is correct.

1. I am not eligible to file a fresh Cap-Subject H1B in April 1 2017 since I have not yet completed 1 year cooling period as of April 1st.

2. Since I can travel to USA only in/after October 2017 during which my 1 year cooling period would have been over, I can still go ahead and file fresh Cap-Subject H1B.

Please let me know which statement from the above 2 is correct.

 

Thanks in advance.

Kumar

[lovely]

You may choose to discuss with your attorney on this issue, large IT corporations with huge number of employees on h1 which do not wish to file green card usually let their employees travel to different/home country and still continue within same project and return after 1yr from date of departure.

[pontevecchio]

1. This is correct. If the cap is not filled you may have an employer file after June once you have completed 365 days plus outside.

2. No. You cannot. You are eligible to have a sponsor file one year after you have left and this would be in the cap.