Currently out of US and applying for H1

[Leks]

Please help...

I am currently in my Home country India working in a MNC. I have been in US on H1 for 4.5 years. My H1 has expired and my Company is trying to reapply for H1 while I am in India. I have not completed one year in India.Kindly answer the questions below.

1)If my company files H1 soon, ie before me completing 1 year stay out side US and say I get the H1 stamped after 1 year of stay will I be eligible again for 6 years of H1.

2) Should my company wait untill I finish 1 year stay out side use to file the H1 petition to USCIS. Is that only in this case I will be eligible for the 6 years on the new H1.

3)Say I have done my H1 processing and stamping beofre I complete 1 year(so will be getting only 1.5 years of H1) , but can travel only after 1 year stay. Can I get my H1 visa extended in US up to 6 years.

I am having tough time making a decision as I have already stayed for 3 months now and as per some friends previous experiance for our company the whole visa processing and stamping can take up to 6-7 months. So want to figure out if staying for another 2 months will help in any ways or not.

Thanks in advance.

Thanks,
Leks

[kabkaba]

If you want to receive 6 more years, the petition start date must be 1 year from the last day you were in the US and the petition must be filed under cap.
Since the cap is open right now and petition start date can be 6 months from now, if you have completed more than 6 months outside the US now, you can qualify for new cap. But you cannot enter the US before that start date.