Meanng of 1 yr outside US?

[jinneebhat]

My current 6 yrs of H1b finishes in Nov 2013

If I leave the US before Oct 1 2013 ,will I be eligible for the new quota from April '14? Assuming that the petition filed will anyway allow me to work only after Oct 2014, so Oct 13- Oct 14, I would have completed the 1 yr outside US period

[JoeF]

You have to be outside the US for one year before a new H1 can be filed.

If you leave in October 2013, a new H1 can be filed no earlier than October 2014, when you have been outside the US for one year.

[Attorney_25]

That is correct. However, USCIS will probably want to be sure you have already been outside the US for one year before petition approval, because otherwise it would be possible for you to enter in H-1B status or some other status after petition approval and never finish your year outside the US. In fact, the relevant regulation does not permit approval until the one year outside the US has been finished. I would suggest delaying filing your petition as long as possible. There is no indication at this time that all H-1Bs will be used up on the first day. Please consult with a qualified immigration attorney to discuss strategy details.