one year in India after six years of H1B

[moinqazi]

Hi,

My sixth year of H1b expires on 26th Feb 2012. I am willing to go to India for 365 days. My question is, when is the earliest I can apply for a new H1B? I understand I'll have to wait for 365 days before I can come back to US and start working but will I be able to apply for new H1B before that and put in a start date of later than Feb 2013? In other words, can i apply in 2012 quota? Or will I have to wait 365 days before I can even apply? Any help would be greatly appreciated. Thanks a lot.

P.S. I don't have a green card application in process.

[JoeF]

An employer can file a new H1, subject to the quota rules, when you have been 1 year abroad.

[pontevecchio]

Your sponsor can apply after you have left for 365 days.

[moinqazi]

thanks a lot JoeF and pontevechhio,

So, in other words, I will not be able to apply in 2012 quota since by the time my one year abroad is up (i.e. Feb 26 2013), the 2012 quota will more than likely be up and then I'll have to wait until April 1st 2013 to apply for a start date of October 1st 2013? That seems very late. Is there a way around it so I can apply in 2012 quota other than the fact that I'll probably have to get my employer to file for my green card in the future employment clause and get the labour and I-140 approved.

[JoeF]

There is no way around it.

The only way would have been to leave earlier. But since your time is almost up, that won't help you much now.

The one year time frame is cut in stone.