Eligibility to apply H1B after 6 year cap

[sudhakar9]

Hi,

 

I recently moved from US to India after reaching my 6 year cap limit on my h1b. The travel date was May 9th 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 May 2014? but out of 6 years i stayed  5 years and 8 months

 

they will wait till May 2014 to file it,or I'm eligible for April 1st 2014 quote. How USCIS will calculate the 1 year gap. 

 

Please advise when I am eligible to apply?

 

Thanks in advance!

[JoeF]

This has been answered lots of times. Please do a search before posting.

A new H1 can be FILED when the person has been abroad for at least a year.

In your case, that means it can be filed only after May 9, 2014.

[permaudit]

Assuming that you were out of the country for 4 months, I guess you can claim that 4 months too. To my knowledge, you would be able to apply in April, which is just 1 month in advance. But again, since you were already on H1, you should be exempt from the cap restriction, in which case you might have to wait till the 1 year is complete.

 

 

[t75]

Assuming that you were out of the country for 4 months, I guess you can claim that 4 months too. To my knowledge, you would be able to apply in April, which is just 1 month in advance. But again, since you were already on H1, you should be exempt from the cap restriction, in which case you might have to wait till the 1 year is complete.

 

 

WRONG in so many ways.