Issue relating to 365 days out of US requirement and filing of fresh H-1B petition

[idebn]

After surrendering my I-94, I left the US on Nov 30, 2009.

With a new job offer in NYC in hand now, my lawyer informs me that she cannot file my H-1B petition for a reset until the second week of Feb 2011. This is because out of the 365 days I was required to not be physically present in the US for a clock reset on the H-1B, I spent 72 days in the US. So in order to meet the 365 day requirement, Nov 30 + Dec 31 days + Jan 31 days + Feb 10 days takes us to the second week of Feb 2011.

Can the H-1B petition be filed in Jan for a start date after the second week of Feb 2011? I am getting concerned given that we seem to be getting closer to hitting the quota cap.

Any guidance would be appreciated.

Thanks.

 

[namecheckvictim]

No, your attorney is right.
IMO I don't think you will have a quota cap issue even if its filed in Feb.

 

[idebn]

Thanks.

My understanding is that a reset of the clock is subject to the annual quota.

 

[Stanley Hermosillo]

Good advice.

Your attorney has done well to advise you as such.