Filing In cap h1 when out for US for 350 days with 6 yrs on previous H1

[INDEB3OCT2010]

Hi,

I exited US on April 15 2013 based on 6 years max out approaching.

I am planning to file a fresh in cap H1 this April 15 and try my luck with the lottery. By then I would have been out of USA for little less than an year but would have one year before October 1st when the new H1b becomes effective.

Will my H1b application be considered if its been filed with less than 1 yr outside USA for a 6 yr max out case, where the one year period will be completed well before the h1 effective date.

[jairichi]

Hi,

I exited US on April 15 2013 based on 6 years max out approaching.

I am planning to file a fresh in cap H1 this April 15 and try my luck with the lottery. By then I would have been out of USA for little less than an year but would have one year before October 1st when the new H1b becomes effective.

Will my H1b application be considered if its been filed with less than 1 yr outside USA for a 6 yr max out case, where the one year period will be completed well before the h1 effective date.

An employer can file a cap subject H1B petition only by April 15th 2014. Looking at the trend by April 15 USCIS would stop accepting applications.

[pontevecchio]

Your new sponsor needs to file after April, 16 in 2014 if you want 6 years.

[t75]

Why should the 1 year outside the US BEFORE filing not apply to you?