Applying for new H1B visa while already working in US on H1

[achintmehta]

Hi,

I am currently working on H1B, on which I have worked for 5 years.
I spent an year back in India last year (from 22 January 2012 to 23 January 2013.)

Can my employer file for a new H1B this year, on the ground that I have spent 365 days outside US ?
Would I have to leave US in order to do so ?

Thanks!

[kabkaba]

Unfortunately, that is not possible. The cap subject petition will have to be filed immediate after you complete 1 year outside and you traveling back to US in H1 status means that the 6 year period is not reset for you.