H1B Reset - Best time to Leave USA and Apply for H1B

[vinaym]

I officially exhausted my 6 years of H1B and will complete by Dec 28th 2012. There are no further questions about it.

I understand that i have to be out of USA for 1 complete year to reset my 6 year H1B.

I am debating weather to leave USA before October.

My question is, am i eligible to apply for new H1B in April 2012 under the new CAP ? Can I come back in October 2013. Will my H1B clock be reset?

If i leave USA in December 2012, wanted to come back in December 2013. Will i be eligible to apply for H1B in April 2012?

[JoeF]

A new H1 can only be filed once you have been out of the country for a year.

If you leave in Dec. 2012, a new H1 could be filed for you in Dec. 2013, if the quota is still open then. If the quota is not open, the earliest an H1 could be filed would be April 2014, for a start date of Oct. 2014.

[pontevecchio]

You will be eligible to have a sponsor apply one year after you leave assuming the cap is still open.

[vinaym]

Sorry for the typo. I meant April 2013 in my post above.