Apply fresh H1b after 1year gap

[rajeshsv]

I completed 6 years of physical stay in US and I returned to India in Sept 2011. My old H1 is now expired. I have a query regarding applying for fresh new H1 B in April 2012. I understand the applicant needs to be outside US for 365 days before applying for new H1 again.

Below is my question :

Can my employer apply for new H1 in Apr 2012 which starts only in Oct 2012 by when 365 days would have passed or

Can my employer apply for new H1 only after Sept 2012 ?

I am trying to understand if the 365 days reset should have happened at the time of filing for a new H1 (April 1st ) or at the time of start date in petition(which is normally Oct 1st)

Kindly clarify

[JoeF]

The employer can apply for an H1 once you have been abroad for a year.

In your case, that means your employer can apply for a new H1 in Sept. 2012.