H1-B Eligibility for FY-2017

[jainan]

Hi,
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).

Months-L1 Months-H1
2009 11
2010 12
2011 10 1
2012 6
2013 9
2014 12
2015 10

Please help with below questions:

1. In the meanwhile, can I 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!

[shervin143]

1. In the meanwhile, can I 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.
>>> Possible. The employer should request the H1B start date to be in November 2016. Employer will need to provide solid documentation stating that they are requesting the start date to be only after 365 days stay outside U.S.

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).
>>> Nope. Since you already completed 6 years in L1 + H1B combined, you need to go through a new CAP.

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?
>>> N/A