Eligibility to File a new H1B in April 2015.

[sundareshwarj]

Hi,

I completed 6 Years in H1B visa and returned back to India on 24th May 2014.

I would like to know if I am eligible to file for a New H1B visa in April 2015?

I would not have completed 365 days of cooling period before April 2015.

I would like to know whether the 365 days of cooling period is considered for H1B filing eligibility or when USCIS provides H1B Approval.

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.

I would like to know if I am eligible to file for a New H1B visa in April 2015?

I would not have completed 365 days of cooling period before April 2015.

I would like to know whether the 365 days of cooling period is considered for H1B filing eligibility or when USCIS provides H1B Approval.

Please share your thoughts and comments and help me.

Thanks,
Sundareshwar J.

Technically speaking on the day of filing you should have completed 365 Days outside US and the cap should also be open. Your 365 Days would complete only on 24 May 2015, seeing the recent trends, the cap may not be still open on that date.

This is my opinion not legal advice.