Earliest Date to Apply New H1 B Application After completion of 6years stay


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I googled on this matter and getting mixed responses, so confused. I want to get firm confirmation, could you please help.

I am completing my current H1 B 6 years on 23rd APR-2012. I am going to India on 20th APR 2012.

Could you please let me which is one is correct to apply new H1 B.

1. I am eligible to apply for new H1 B on 24th 2012 with start data as 24th APR 2013 (using new cap of FY13). Since work start date is exactly after year so physically staying out side of US for 365 days is satisfied.

Analysis for point # 1:


Physically staying out side of US : 1 year

Entry date to US: After 1 year

Work start date: after 1 year

Apply date: with in year

2. I can only apply for new H1 B after 2013 APR 23rd with work start date as Oct 1st 2013 because physically staying 365 days out side of US will be applicable to even start the application.

Analysis for Point # 2:


Physically staying out side of US : 1 year and 6 months o more

Entry date to US: 1 year and 6 months or more

Work start date: 1 year and 6 months

Apply date: one year

My only confusion is on start date of the new H1 B application: could you guys pls give me exact answer which one correct.

Thanks Srini

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