New H1B Application without 365 days gap

[Katiemor]

Hi There

I was in US for 5.5 years on L1B Blanket visa, starting Feb 2007 till 4 Jun 2012. I am now in India since 5 Jun 2012. In the provided time period, I have exhausted all my 5 years tenure of US stay on L1B Blanket visa.

I have a couple of questions:

1 . I want to apply for H1B visa in Apr 2013, can I apply for it, as it is less than 365 days since I am out of US now?

I think there is a 365 days criteria, according to which I need to stay out of US for 365 days to apply for a New visa. There is a catch there that the maximum time line of US stay on L1B Blanket is 5 yrs and the maximum time line of US stay on H1B is 6 yrs.

2. If at all I can apply for H1B visa in Apr 2013, but the H1B visa will be stamped sometime in Oct 2013 (by the time, it will 15 months of out of US stay for me). In this case, whether I will get H1B stamped for 1 year (remaining 1 year out of 6 years) or 3 years (treating me as a new H1B holder)?

Your suggesstion will be appreciated.

Thanks

Katie

[BMR]

As you are applying for H1B in April 2013, which will be effective from Oct-01, 2013. So already you will be completing more than 1 year. So when you go for a stamping of H1B you will get fresh 6 years (may be 3+3, or in any ohter segregation)

[JoeF]

To get the full 6 years on H1, the H1 can only be filed once you have been out of the US for a year.

That means in your case, the new H1 can only be filed after June 4, 2013. Not one day earlier. The H1 has to be approvable when filed. The actual requested start date is irrelevant for that.