Fresh H1 after 6 Yrs

[Yatrie]

Dear Sir,

I have been referring to your forums for some time and have always found a lot of useful advise from the members. Thank you for this service. Similar topics may have been raised previously on this forum, but I am seeking some details specific to my situation, therefore starting this topic.

My current H1 will expire after 6 years of physical stay in US in Jul 2013. My employer has NOT APPLIED for any 'change of status' to permanent residency. I had the following questions that I was hoping you could help with:

1. To qualify for a fresh H1B in Apr 2014, is it advisable that I leave US before April so that I can satisfy the requirement for 1 year of stay outside of US?
   
2. Or should I complete my stay on current H1B (till Jul 2013) and apply for a fresh H1B in Apr 2014, with the effective date of Oct 2014? Will I qualify in Apr 2014 itself?
   
3. If # 1 is advised, then will the remaining tenure on my current H1B (say, 4 months from Apr to Jul 2013) interfere with the fresh H1B applied in Apr 2014? I have heard of a few instances where people have got RFE for similar reasons.
   
4. If I manage to get a seat in any US University for MS starting fall of 2014, will I be eligible for fresh H1B after graduation, if I travel to India at the completion of current H1B (i.e. by Jul 2013) and come back to US by Fall Semester (Aug 2014)?
   

Thanks!

[JoeF]

An employer can only file a new H1 once you have been outside the US for one year.

[Yatrie]

Thanks. I was hoping that you could also advise on # 2, 3 & 4 above.

[JoeF]

The one answer addresses all your questions: To be eligible for a new 6 years on H1, you absolutely have to be outside the US for one year.