H-1B clock reset after 1 year out

[gaslight]

When you exhaust your 6 years of h-1b time and leave the US for 1 year, when can a new employer file new h-1 which is cap-exempt (ie for medical fellowship).

 

For example if I left June 30th 2014 can my cap exempt employer file new H-1B petition a few months in advance of my start date of July 1st 2015?

 

Thanks

[rahul412]

After 6 yrs, it will be under the cap.

[JoeF]

To reset the clock, a new H1 petition can only be FILED once you have been abroad for at least a year.

In your example, a new H1 petition could be FILED on July 1, 2015. If the quota is full by then, a new petition could only be filed in April 2016 for a start date of Oct. 1, 2016.

[JoeF]

For a cap-exempt H1, it could be filed on July 1, 2015. Not one day earlier.

[jairichi]

A H1B petition can be filed only after being outside US for a year. In your case it can be applied only on June 30th 2015.