Can i apply for new H1b now

[Ramana909]

Hi,

Am on h1b right now and my h1b (6years) completing this September.

In these 6years i am in USA for 4yrs, from last 2yrs iam working from india for US client and my employer running the USA taxes(fed and state taxes) and paying me.

My Question are

1)Can i eligible for new H1b in this year quota since i am out of country(USA) from last 2 years but my employer running my payroll.

2) Or do i need to wait until next year for new H1b

[shervin143]

Only the time spend in U.S in H1B status counts towards your H1B 6 year period. The minute you left U.S you are no longer in any immigration status. That being said, you still have 2 more years left in your existing H1B CAP. However, since you have spent 1 year outside U.S, you qualify for a fresh H1B CAP (Fresh 6 year term). The CAP from the fiscal year 2012 is still open. Your employer can file a new H1B petition (Make sure they don't use the old CAP) and request a start date of Oct 1st 2011 or later.

[Ramana909]

Thanks for the information provided Shervin. I was on US payroll since last 2 years and I was working to US Client remotly.
Could you please let me know if I can file for a new H1 even then I was on payroll for that time.

[shervin143]

Whether you are in their payroll or not doesn't matter so much when you are outside the country. What matters is when you left U.S. Since you left 2 years ago, you qualify for a H1B petition on a new CAP that is valid for 6 years.

Thanks for the information provided Shervin. I was on US payroll since last 2 years and I was working to US Client remotly.
Could you please let me know if I can file for a new H1 even then I was on payroll for that time.