How long to wait before start H1 visa filing process ?

[Rajesh Rajagopal]

Hi,

Please advice!

1. I completed 5 years L1-B visa duration and returned to home country on / before May-20-2019. (
2. My employer is saying "For Employee to be eligible for H1 filing of 2020 CAP year then employee should have exited the country 365 days prior to filing of petition"
3. Do I need to wait for 365 days even to do filing process for Fresh H1 ?

Thank you.
Regards, Rajesh