H1B extension and H4

[Mandeep01]

My 1st H1B expires in November, 2015 but my spouse has an approved I-140.  I know I can convert to H4 and still work.  However, if I find an employer who can  or my current employer can  file for my new H1 in April 2016 and I would continue working for him on H4 till my new H1 be comes into effect in Oct 2016 and could I change my status from H4 to H1 begnning Oct 2016? 

 

If not,  how can I obtain a new H1B (after using all 6 years of my first h1)  while I continue to work on spouse's I-140?   (The oil market is not good right now, so I would not want to bank on my spouse's approved I-140 in the long term)

[jairichi]

To get fresh 6 years on H1B you need to stay outside US for 365 days before a cap subject H1B petition can be filed.

[Mandeep01]

If I leave US before Nov 2015 say June 2015 and return on H4 after 365 days in June 2016,

1)        Can I apply for fresh cap subject H1 in April 2016 and start working on the new H1 in Oct 2016?

           (I would be outside of the country for 365 days by the time I start working on H1B again)  Or should I have completed               365 days outside US  by April 2016? 

2)        Provided my new H1 is approved, can I comeback on what is left of my current H1 (5 months from June,15 to                           November 15) work on this H1 from June 2016 to Sept 2016 on current H1 and continue work on the new Cap Subject           H1 starting Oct 1 2016? 

[jairichi]

1. No. In that case only by June 2016 a fresh cap subject H1B petition can be filed. Date of filing of H1B matters and not date of entry. If quota is full by June 2016 then only in April 2017 a cap subject H1B petition can be filed with a start date of Oct 2017.

2. No. You cannot add those 5 months.