H1-B Eligibility for FY-2017


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I have a query regarding my H1B visa eligibility for 2017, I need your guidance to understand whether I am eligible for 2017 quota or not. Hereby briefing my case details:


I have completed my 6 years term of L1 + H1 (below is the summary) in US and returned back to India on 31st October 2015. As per rule, I have to stay out of US for 1 year period. I am currently serving my cooling period in India.


I was on L-1B until from February-2009 till November-2011(33 Months). Instead of L1-b extension, My employer filed for fresh H1-B in November 2011 and it was approved in December-2011. I was on H1-B from December-2011 till October-2015(38 months).


Please help with below questions:


1.       In the meanwhile, can my employer apply for Cap subjected H1 on April-2016 for FY 2017 quota? The H1 will only be applicable from October anyways and I would be completing my cooling period by then.

2.       After completing 1 year time (October-2016), Can my employer file for cap-exempt H1, since my H1-B petition would still not complete 6 years term? (3 years on H1).

3.       Considering case 2 is true, When is the earliest can Cap exempt H1 be filed? Has it to be filed after completing 1 year term or can be filed but stamped/used after 1 year?


Any guidance on the topic will be much appreciated!

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