H1-B Eligibility for 2017


I have a query regarding my H1B visa 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 of H1 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.

In the meanwhile, can I apply for Cap subjected H1 on April-2016?

The H1 will only be applicable from October anyways and I would be completing my cooling period by then.

Please let me know as the H1-B process for FY2017 has started within the company already.

Your cap-subject H-1 will have a start date of Oct 1, which will be less than 12 months away from your departure date. So your clock will not be reset and you won’t be eligible for this filing.