Applying fresh H1B before 1 year berak period completes

[cvall77]

Sir

In Sep 2012, I would have exhausted 6 years 3 months of L1A visa in full. If I leave the country in Sep 2012 to spend the 1 year break period outside of US, can I apply H1B fresh petition in Apr 2013. ie. will immigration consider my 2014 fiscal year H1B petition if it is submitted in Apr 2013, although it is being applied before completing the 1 year break period. I am hoping since H1B start date is Oct 2014, there won't be any problem with the approval. Please reply.

Thanks

[JoeF]

An employer can only file a new H1 when you have been out of the US for one year.

If you leave in Sept. 2012, a new H1 for you can only be filed in Sept. 2013.

[cvall77]

That is a very disappointing news for me.

[nineballs]

That's not a news. JoeF just stated the standard rule. May be, you just woke up after 6 years and decided "oh! I want to stay in the US"... May be you should have posted this question years back.