H1B Maxout is in March 2020 can i apply for New Petition

USA H1B Visa
1

Hi,

Need some details on Maxout Period, my Maxout date is in March 2020 so i have to leave US, just wanted to clarify a question as i have to stay one year outside US

am i eligible to file for H1B CAP this year considering my Maxout date, my plan was if my petition gets approved i will stay 1 yr outside and then come on this approved petition.

or

i have wait till my 1yr is completed then file H1 Petition.

Thank you

2

Technically, it is possible. As during the time of filing, you will not be in US, so the employer can file for H1B. The start date is the tricky part, I am not sure how USCIS will interpret this because, if they give you approval, then you can technically enter the country. Please talk to an attorney on this as it sounds tricky…