H1b after 6 years stay in US


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My friend will be completing his 6 years of H1b Visa this dec 2013. he would like to apply for H1 again.

Is he eligible to apply for the H1 cap for the 2015 which would mean he will apply in Apr 2014?

Does he have to stay outside of US for 1 year? or can he be in US in H4 during this wait period?

He has to stay outside for 1 year before a new H1B could be filed. In his case if he leaves US by Dec 2013 a new petition could be filed by April 2015.

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For a new H1, the person has to be OUTSIDE the US for one year before a new H1 can be FILED.

So, if he leaves in Dec. 2013, the earliest an employer could file a new H1 would be in Dec. 2014. If the quota is full by then, the earliest would be April 2015 for a start date of Oct. 2015.

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