Eligibility for filing H1B Visa in April 2016 Cap.

[sundareshwarj]

Hi,

I completed 6 Years in H1B visa and returned back to India on 24th May 2014. My Company has filed for my PERM and it is still In Progress with DOL.

Since my H1B maxed out I left US and came back to India. My PERM became 1 year old on 30th Sep 2014 and my company will be filing a Out of CAP H1B since my PERM is 365 days old now.

Looking at the current situation I might go back to US in June or July 2015. With this I will be completing 365 days outside US.

I know that I might not be eligible to file for new H1B subjected to CAP in April 2015, but I would like to know whether I will be eligible to file for a new H1B subjected to CAP in April 2016 even though I am in US?

Please share your thoughts and comments and help me.

Thanks,
Sundareshwar J.

[raghvi]

Hi,

I completed 6 Years in H1B visa and returned back to India on 24th May 2014. My Company has filed for my PERM and it is still In Progress with DOL.

Since my H1B maxed out I left US and came back to India. My PERM became 1 year old on 30th Sep 2014 and my company will be filing a Out of CAP H1B since my PERM is 365 days old now.

Looking at the current situation I might go back to US in June or July 2015. With this I will be completing 365 days outside US.

I know that I might not be eligible to file for new H1B subjected to CAP in April 2015, but I would like to know whether I will be eligible to file for a new H1B subjected to CAP in April 2016 even though I am in US?

Please share your thoughts and comments and help me.

Thanks,
Sundareshwar J.

I am asusmign you would already be in H1 status in April 2016 so you would not be eligible to file a fresh H1.

I dont see the point in trying to get afresh petition, if your intention is to get 3 Years additional H1, then I would say get I140 approved. OR apply from outside US in April 2016.

This is my opinion not legal advice.

[sundareshwarj]

I am asusmign you would already be in H1 status in April 2016 so you would not be eligible to file a fresh H1.

I dont see the point in trying to get afresh petition, if your intention is to get 3 Years additional H1, then I would say get I140 approved. OR apply from outside US in April 2016.

This is my opinion not legal advice.

Hi Raghvi,

Actually the reason behind my below question is that after coming back to US, I might want to change employer. Are you saying that it is not possible at all for me now?

Thanks,
Sundareshwar J.