H1B - Fresh new Cap subject petition after waiting 1 year


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Hey guys,

I am exhausting my total 6 year H1B visa in Aug 2020. I know that I have to stay outside of US for one year before I can apply for another 6 year term. I will leave US in August 2020. Can my employer apply in cap subject petitions in April 2021? If that is accepted in lottery and approved then I can start working in Oct 2021 at the earliest. So technically I will be outside US for more than a year. Is that how it is calculated? Or Do I have to wait until 2022 April?

Edited by rajib01
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