Am I eligible for a non-cap H1 (for 6 years)?

[santosh]

Hi,
I am an Indian citizen. I was in USA for almost six years on H1-B and returned back to India on Apr 6, 2013 . My H1-B expired after all the recaptures on Apr 11, 2013. My PERM application was filed by my employer on Jan 30, 2013 . It is in audit. On Jan 30 2014, I would become eligible to apply for a non-cap H1-B since my PERM application would be pending for more than 365 days, but this H1 would be valid only for 1 year. I would also complete 1 year outside USA on Apr 6, 2014 and hence would also be eligible to apply for a fresh H1-B(capped). Could you please let me know if I can be considered for the fresh H1 applications that my employer would be filing on Apr 1, 2014? Would I be eligible for a non-cap H1-B (for 6 years) after 06 Apr 2014 since I left USA 5 days before my H1 expiry?

[raghvi]

Hi,
I am an Indian citizen. I was in USA for almost six years on H1-B and returned back to India on Apr 6, 2013 . My H1-B expired after all the recaptures on Apr 11, 2013. My PERM application was filed by my employer on Jan 30, 2013 . It is in audit. On Jan 30 2014, I would become eligible to apply for a non-cap H1-B since my PERM application would be pending for more than 365 days, but this H1 would be valid only for 1 year. I would also complete 1 year outside USA on Apr 6, 2014 and hence would also be eligible to apply for a fresh H1-B(capped). Could you please let me know if I can be considered for the fresh H1 applications that my employer would be filing on Apr 1, 2014? Would I be eligible for a non-cap H1-B (for 6 years) after 06 Apr 2014 since I left USA 5 days before my H1 expiry?

You should have kept a few weeks remaining rather than exhausting the entire 6 Years. Also, the new H1 would start only on 01-Oct-2014 whereas if you extend the previous H1 (if time remaining) it can be immediate extension.

As for new H1 I would say you may not be eligible to apply 01-Apr-2014 as one needs to apply for fresh H1 after completion of 1 Year outside stay. You would be eligible to apply on 06-Apr-2014, provided Cap is open till then.

I would say that the 1st option would be better off... as then you would be able to travel as early as Feb/Mrach 2014.

Both of these options would need an experienced attorney to prepare the documents and see the feasibility.

This is my opinion not legal advice.