30/60/90-Day Policy Revised on Misrepresentation and Preconceived Intent. As per this new rule can my friend travel to India in feb and return in March and still be eligible for H1B petition by employer

[member777]

30/60/90-Day Policy Revised on Misrepresentation and Preconceived Intent.

My friend completed his masters in USA and is in the country for more than 3 years on his second opt. 

1) As per this new policy can my friend travel to India in feb and return in March and still be eligible for H1B petition by employer ? 

2) Is this considered Misrepresentation and Preconceived Intent if his employer files H1B for him in April ?

Kindly help !