Do I qualify for H1 2015? - URGENT PLEASE

[idk1983]

Hi,

 

I was in US in my L1B for almost 5 years without a break of 1 year.

 

Returned back to India: 01-May-2013

Date when i would have reached 5 years is: 10-May-2013, but i left US 10 days before completing 5 full years.

 

Now my employer is planning to file my H1 for 2015, I believe similar to last year, even this year the quota is expected to reach the limit within first few days of April.

 

Questions:

1. If i file my H1 for 2015 by April 1st, when i eventually travel with that H1, can i stay for full 6 years?

2. If my clock wont be reset until May 1st 2014, then do i have to wait till 2016 to file my H1 to leverage the full 6 years?

3. Please suggest any other options (I know i can still apply my L1 after May 1st 2014)?

 

This is URGENT request as my employer is asking to submit my h1 documents, i dont want to waste my H1 for just one year.

 

Please provide any suggestions to leverage the full 6 years of my H1.

[jairichi]

Hi,

 

I was in US in my L1B for almost 5 years without a break of 1 year.

 

Returned back to India: 01-May-2013

Date when i would have reached 5 years is: 10-May-2013, but i left US 10 days before completing 5 full years.

 

Now my employer is planning to file my H1 for 2015, I believe similar to last year, even this year the quota is expected to reach the limit within first few days of April.

 

Questions:

1. If i file my H1 for 2015 by April 1st, when i eventually travel with that H1, can i stay for full 6 years?

2. If my clock wont be reset until May 1st 2014, then do i have to wait till 2016 to file my H1 to leverage the full 6 years?

3. Please suggest any other options (I know i can still apply my L1 after May 1st 2014)?

 

This is URGENT request as my employer is asking to submit my h1 documents, i dont want to waste my H1 for just one year.

 

Please provide any suggestions to leverage the full 6 years of my H1.

1. Employer can file on April 1st. But, in that case you would get only 1 year and 10 days on H1B.

2. If you want full 6 years on H1B then filing has to be done on 1st April 2015.

[JoeF]

This has been answered lots of times here, please do a search the next time.

For the clock to reset, you would have to be outside the US for at least one year before an H1 can be FILED.

In other words, an H1 could be filed for you on May 1. If the quota is full by then, you will have to wait until next year.

[pontevecchio]

They can file on May,1 if the lottery is still not filled. Otherwise a filing in April,2015 is possible.

[idk1983]

Thanks all for your comments,, this has been very useful..