H1B Clock reset based on work permit or day left US ?

[madymurthy]

Hi,

I have stayed all of 6+ years of my H1B (including all recaps).

- I first entered USA in May 2005, and left USA by May 2012 (7 years)

- Work permit was valid until SEP 2012, but I returned in MAY 2012.

- Had my GC filed(and later it was rejected at PERM level) and hence I got 1 year extention.

Question

1) 365 days gap for 2nd term H1B is counted from the time I leftUS OR it is counted from work permit last day ?

2) When is the earliest can my H1B be filed given above dates ? April or June or Oct 2014 ?`

3) When is the earliest date I can travel assuming h1b is approved before oct ? Is it always Oct 2014?

Thanks.

[pontevecchio]

Your sponsor can apply for a cap subject H1 one year after you leave and cap subject H1 petitions are valid from October,1 onwards.

[madymurthy]

Sorry, the year which is 2014 is actually 2013.

So, this means, my employer can file for cap H1B in June 2013(since I left US on 31-may-2012) ?

[pontevecchio]

Yes.

[JoeF]

So, this means, my employer can file for cap H1B in June 2013(since I left US on 31-may-2012) ?

Yes.