H1B Visa new petition filing after one year gap

[RobertLukose]

Hello,

My maxed out date is 09-May-2018 but
I am travelling back to my home country on 20-March-2018

Questions -

(1) Will I be eligible to file new H1B fresh petition for year 2019 cap which starts from 01-April-2018
(2) One year gap i.e. 365 days - How USCIS counts this one year gap? Do they count it from 01-April or from 01-Ooct?

Thanks in advance.

[scientist2016]

Yes you should be fine. You should not have held a H1 visa status in the past 1 yr. from the date of application.

[RobertLukose]

Thanks for your reply.

So as per your reply, date of application is 01-April so I believe I should stay away from USA from 01-April-2018 to 31-March-2019 so that I can submit new fresh H1B petition on 01-April-2019.
Is that correct?

Any other opinions?

[scientist2016]

Thanks for your reply.

So as per your reply, date of application is 01-April so I believe I should stay away from USA from 01-April-2018 to 31-March-2019 so that I can submit new fresh H1B petition on 01-April-2019.
Is that correct?

Any other opinions?

Yes.