Fresh 6 year period on H1B

[weneedhelp]

Hello everyone

My current H1B Visa is valid until July 2013 and I have come back to India last November(2011).

I understand that to get a fresh 6 year period on H1B, I need to stay outside of US for one year.

So, I have planned my travel after december of this year which would mean that I have stayed out of US for a year.

But I already have a valid H1B petition which will expire only after July 2013 and my company will not allow me to file a new Visa as long as there is a valid petition for travel.

If I do travel on the current H1B petition, can I extend this current petition for 6 years or do I have to file for a new one again after coming to US??

Are there any better options?? Please help. Your response is much appreciated. Thanks in advance.

[JoeF]

To get the new 6 years, a new H1 application under the quota is required.

If an H1 is extended, you just get whatever is left for that H1.

[wiweq]

"I extend this current petition for 6 years"

=> H1b extension can't be done for new 6 years quota. It has to be a new H1b generally with the start date Oct 1st.

[kalyan_ac]

You will have to file for a new one to get a new 6 yr term.

[weneedhelp]

Thanks everyone for the response, it was very helpful. I have an idea, but not sure if it would work the same way as I intend to.

If I do come to US on the current H1B petition after staying out of US for an year, this means that I am qualified for a new H1B. I will exhaust my remaining period on current H1B and move into a F1(Student) Visa. Once am on F1 Visa, I guess I can go ahead and file for a new H1B after sometime.

Will this work?? Please advise.

[JoeF]

No, that won't work.

If you come to the US on the existing H1, your time abroad before that becomes irrelevant.

You would have to stay abroad for a full year again to get a new H1.

[weneedhelp]

Thanks JoeF, this information was very helpful....I appreciate all responses. Thanks again everyone.