H1B Application

[kg_prince]

Dear Murthy Attorney,

I got multiple answers from different people about my situation.Cud you please clarify my doubt.Please help me in this regards.

I stayed in USA for 7 years on L1-Visa (L1B - 5 years and L1A - 2 years)..I moved back to India in Sep-2012 once my 7 years is completed on L-Visas respectively..

I want to know if i am eligible to apply for H1B visa in April-2013 for the fiscal year 2014,since the start date is however Oct-2013 wherein i will be completing my 1 year of outside USA stay.Please kindly clarify as some employers says I am eligible and some says I am not eligible.Please advice.

Thanks and appreciate your response in this regards

GK

[kg_prince]

Dear Murthy ,

Could you please kindly clarify my doubt ?Thanks and appreciate your support.

[JoeF]

Dear Murthy Attorney,

I got multiple answers from different people about my situation.Cud you please clarify my doubt.Please help me in this regards.

I stayed in USA for 7 years on L1-Visa (L1B - 5 years and L1A - 2 years)..I moved back to India in Sep-2012 once my 7 years is completed on L-Visas respectively..

I want to know if i am eligible to apply for H1B visa in April-2013 for the fiscal year 2014,since the start date is however Oct-2013 wherein i will be completing my 1 year of outside USA stay.Please kindly clarify as some employers says I am eligible and some says I am not eligible.Please advice.

If you search the forum, you will find several posts by Murthy lawyers explaining that you have to be outside the US for one year before an H1 can be FILED.

In other words, in your case, an H1 could be filed in Sept. 2013 the earliest, and the quota will likely be filled at that time.

Therefore, your only option would be to find an employer who files an H1 for you in April 2014, for the 2015 fiscal year, which starts on Oct. 1, 2014.