Am I eligible for applying H1-B this year (April -2015). Not yet completed 1 yr outside US by April 2015. Pls advice .


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I stayed in US on L1-A visa for 6.5 yrs (Jan 2008 - June 2014) and come back to India on June 30, 2014. Now , my company is planning to apply H1-B for FY-16 i.e. apply application on April 01. 2015.


My question,


Since, I haven't completed 1 yr outside US by April 2015. So, By seeing my previous L1-A period of staying in US.  Can I apply H1-B petition this year (April , 2015) ?


And, if selected get stamping in Oct 2015, as by that time I will complete 1 yr outside US.


Please advice.

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You have to be outside the US for at least one year before a new H1 petition can be FILED.

In your situation, that means a new H1 can only be FILED after June 30, 2015. If the H1 quota is full by then, a new H1 petition can be filed in April 2016.

An H1 filed before you have been abroad for a year will get denied.

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Right, it is necessary to qualify for the requested benefit at the time of filing. It is not enough to ask for a start date which will be after the 1 year point. Unfortunately, this places yet another hurdle in front of those who are trying to return to the US in H1B status based upon the one year abroad provision.

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