1 Year out side of USA after 6 years of H1B is over

[surisingh]

Hi,

My 6 year H1B got over in Feb 06, 2012. I returned to India on Feb 04, 2012. My question is,

Can I file the new H1B this April? And if it gets approved this October, Can I go back to US next year, March 2013? or

Should I file the new H1B only after 1 year of staying outside of US, that means, I should file the new H1B in March 2013 and come back to US in October 2013?

Which one is true?

Regards
CS

[shervin143]

The point is, the H1B effective date that will be requested by your employer will need to be 1 year from your date of departure. The employer can request an H1B effective to be in the future for only up to 6 months. So it is not possible in your case to file the petition in the month of April 2012.

[surisingh]

Thanks for the information. So, for example, For Fiscal Year 2013, if the cap is not reached on say, October 2012, Can I file the H1B on October requesting the start date on March 2013? If the cap is reached before Oct 2012, then I have to apply in April 2013, right?

Thanks
CS

[shervin143]

That is correct.

Thanks for the information. So, for example, For Fiscal Year 2013, if the cap is not reached on say, October 2012, Can I file the H1B on October requesting the start date on March 2013? If the cap is reached before Oct 2012, then I have to apply in April 2013, right?

Thanks
CS