Can I file a new H1B before 365 days outside of USA is complete?

[cmishra]

I was in US on H1b for over 7 years and came to India on July 3rd last year. I am working remotely for the same company. We intend to apply for a fresh H1B.
Since the cap is going to be reached before I complete one year outside USA, what are my options?

Can I file a fresh H1B as the start date will be Oct 1st and by that time one year will be complete?

Can I file H1B hoping that they won't pick up the case before July and I would have completed 365 days till then?

If the H1B cap is reached, can I take advantage of unused H1B reserved for Singapore & Chile?

 

[great guru]

Take a try apply by June 10 by ordinary processing.

I was in US on H1b for over 7 years and came to India on July 3rd last year. I am working remotely for the same company. We intend to apply for a fresh H1B.
Since the cap is going to be reached before I complete one year outside USA, what are my options?

Can I file a fresh H1B as the start date will be Oct 1st and by that time one year will be complete?

Can I file H1B hoping that they won't pick up the case before July and I would have completed 365 days till then?

If the H1B cap is reached, can I take advantage of unused H1B reserved for Singapore & Chile?

 

[cmishra]

I talked to my attorney and it is possible to file the visa before 365 days provided the start date is after 365 days (There was some memo regarding this issue from USCIS).