Can I choose the H1b granting date

[anil2v]

I have only 1.8 years remaining if I apply for a new H1b as I have completed 4.4 years in US on a L1 visa.

 

I returned only in October 2013 , that means I do not have 365 days stay in India to reset my clock.

 

If I apply for a H1b in April 2014 and if my visa grantsin Juny 2014,I do not get a 3 year Visa.

 

So can I request in the petion that that the Visa approval date to after October 2014.

 

Can we choose a visa granting date or all automatic process ?

[jairichi]

I have only 1.8 years remaining if I apply for a new H1b as I have completed 4.4 years in US on a L1 visa.

 

I returned only in October 2013 , that means I do not have 365 days stay in India to reset my clock.

 

If I apply for a H1b in April 2014 and if my visa grantsin Juny 2014,I do not get a 3 year Visa.

 

So can I request in the petion that that the Visa approval date to after October 2014.

 

Can we choose a visa granting date or all automatic process ?

In this situation I would suggest to ask your employer to file a H1B petition with consular processing.

[JoeF]

I have only 1.8 years remaining if I apply for a new H1b as I have completed 4.4 years in US on a L1 visa.

 

I returned only in October 2013 , that means I do not have 365 days stay in India to reset my clock.

 

If I apply for a H1b in April 2014 and if my visa grantsin Juny 2014,I do not get a 3 year Visa.

 

So can I request in the petion that that the Visa approval date to after October 2014.

 

Can we choose a visa granting date or all automatic process ?

No, you can NOT choose the date.

An H1 can be applied for up to 6 months before the start date. That's why H1 applications for start at Oct. 1 can be filed on April 1.

 

To get the full 6 years, you have to be outside the US for at least one year before a new H1 application can be FILED.

In your case, that means an H1 could be FILED for you in Oct. 2014. If the quota is full by then, it could only be filed in April 2015 for a start date of Oct. 2015.

[JoeF]

In this situation I would suggest to ask your employer to file a H1B petition with consular processing.

The OP would still only get the remainder time.

For a fresh H1, the H1 petition could only be filed once he has been abroad for a year.