Question on H1B to H4 to H1B after 6 years

[PT9]

I came to US on an H1B visa in Dec 2004. My contract ended in May 2010 and I went back to India in May for 3 months. My H1B visa was valid till Dec 2010. From Aug 2010 till now I am on an H4 visa. I would like to know the rules for getting a new H1B visa. I keep getting different information and am

Questions I have are:
Am I eligible to get a new H1B visa?
What is the exact one year rule? Do I have to stay out of the country or does my current H4 stay from Aug - Apr be counted?
What options do I have?

thanks a lot for any information that you all can give.
have a great day

[shervin143]

Am I eligible to get a new H1B visa?
>>> I guess you are talking about a new H1B on a new CAP for another 6 years. Well, that is not unless you spend 1 year outside U.S.

What is the exact one year rule? Do I have to stay out of the country or does my current H4 stay from Aug - Apr be counted?
>>> You need to stay out of the country for 1 year.

What options do I have?
>>> If your haven't used 6 years in the current CAP, then you can claim it and work until the 6 year period gets completed. Then you will need to spend 1 year outsode U.S to get a fresh 6 year term. Edtension beyond 6 years is possible only if the Labor cerification (GC) has been filed 365 days prior to the 6th year end.

[PT9]

thanks a lot shervin143. I was talking about a new H1B visa with a new 6 yr. cap.

I have some more questions which I hope you can reply:
1. Do my 3 months in India from May 2010 to Aug 2010 count towards the 1 year out of country stay?

2. Does the one year stay have to be continuous or can it have breaks?

[shervin143]

I have some more questions which I hope you can reply:
1. Do my 3 months in India from May 2010 to Aug 2010 count towards the 1 year out of country stay?
>>> No.

2. Does the one year stay have to be continuous or can it have breaks?
>>> It has to be 12 continuous months outside U.S.

[PT9]

thanks shervin143