H1B 6 years completes in 2014. Eligibility for new H1B CAP in 2015.

[kpl_cpl]

Hi

 

My little brother completes H1B 6 years by July 2014. He has no gaps left to recover.

 

If he goes back to home country in July, can he apply for new H1B cap in April 2015?

 

Though by April 2015, he does not complete 365 days outside, actual H1B approval and stamping might happen after October. So, he completes 365 days by then for sure. - Is this a valid thought process.?

 

Please let me know if the 365 days rule is to submit the application form itself??

[jairichi]

Hi

 

My little brother completes H1B 6 years by July 2014. He has no gaps left to recover.

 

If he goes back to home country in July, can he apply for new H1B cap in April 2015?

 

Though by April 2015, he does not complete 365 days outside, actual H1B approval and stamping might happen after October. So, he completes 365 days by then for sure. - Is this a valid thought process.?

 

Please let me know if the 365 days rule is to submit the application form itself??

A cap subject H1B petition can be filed only after 365 days outside US. In his case July 2015. If he wants an employer to file in April 2015 he has to exit by March 31st 2014.