Please help - H-1b re-apply

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Guys,
I need your help to clear this with my company. Please help me.

If one stayed out of the US for 1 year, can H-1b be applied:

1. Only after the completion of 365 days? OR
2. Prior to the completion of 365 days but with an effective date after the completion of 365 days? For example apply around 330 days (like a month before) or something like that.

Thanks in advance for your insights/thoughts

:confused:
 
Guys,
I need your help to clear this with my company. Please help me.

If one stayed out of the US for 1 year, can H-1b be applied:

1. Only after the completion of 365 days?
OR
2. Prior to the completion of 365 days but with an effective date after the completion of 365 days? For example apply around 330 days (like a month before) or something like that.

------- Employer can file NEW H1 petition Prior to the completion of 365 days but with an effective date after the completion of 365 days.
 
Ginnu,
thanks for your reply.

Another question, do you know if this is different if my company were to file for L-1 as opposed to H-1b?
 
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