Reset period after 6 years on H1B


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My H1B will expire on 20th April 2013. I will complete 6 years on H1B by then. No GC has been filed.

I will be going back to India on 14th of April 2013 . I understand that my employer can apply for a fresh H1 for me after 365 days..

Can my employer file for a fresh H1 for me on 1st of April 2014 , with a start work date of 1-Oct-2014. ?

This would mean I will be outside the country for close to 18 months before the start date .But, I would not have completed 365 days outside the country when we file on 1st of April 2014 (14 days short since I will be travelling only on 14th April 2013)

I have heard different opinions on the completion of 365 days outside US.

Is it 365 days before filing for a new H1B , or is it 365 days before approving new H1B ? or Is it 365 days before the work start date on the new H1B ?

Please let me know the actual rule..

I was wondering should I move out of the country by March 31st 2013 so that I would have completed 365 days by April 1st 2014.


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