Eligibility to apply H1B after 7 year cap

[MuthuPalaniappan]

I recently moved from US to India after reaching my 7 year cap limit on my L1A. The travel date was june 6th 2013.

 

If my company wants to file H1B in next year April 2014, am I eligible to do so? Because 1 year cap would end only in June 2014? 

 

If they wait till June 2014 to file it, quota may be over and I may have to wait till 2015. If the rule calculates only H1B effective date which would be October 2014, I would be eligible.

 

Please advise when I am eligible to apply?

[JoeF]

An employer can FILE an H1 for you once you have been out of the country for a year.

That means in your case that the EARLIEST an H1 can be filed is June 2014.

If the quota is full by then, you would have to wait until 2015.

[t75]

You are assuming that the quota will be reached before your 1 ear outside the US date. That is not necessarily true.