Regarding fresh H1B after 6 years

[hhttcs]

Hi I am maxing out my current H1B on May 2014. I am currently in the US. If I leave US now on January 2014, can I apply for a new H1B in April 2014. I understand that when I complete my full six years in H1B, I have to physically stay 1 year outside before I can come back. That is why I am asking, If I leave now on Jan 2014, can I apply for new H1B on Apr 2014 and come back to US in Dec 2014. Basically there are two confusions that I am looking answers for
1. When I leave US before 6 year expiration of my H1B, when will I become eligible for filing a Fresh H1B.
2. Does the 1 year period outside US after 6 years H1B is for applying the petition for fresh H1B or for coming to the US in next H1B.

[raghvi]

Hi I am maxing out my current H1B on May 2014. I am currently in the US. If I leave US now on January 2014, can I apply for a new H1B in April 2014. I understand that when I complete my full six years in H1B, I have to physically stay 1 year outside before I can come back. That is why I am asking, If I leave now on Jan 2014, can I apply for new H1B on Apr 2014 and come back to US in Dec 2014. Basically there are two confusions that I am looking answers for
1. When I leave US before 6 year expiration of my H1B, when will I become eligible for filing a Fresh H1B.
2. Does the 1 year period outside US after 6 years H1B is for applying the petition for fresh H1B or for coming to the US in next H1B.

Option 2 . I believe the rule says one needs to apply in the cap of the year in which one has completed the 1 Year outside stay. In other words after completion of 1 Year stay , if cap is open then apply. You wouldn't be able to apply in April 2014, as you would not have completed 1 Year by then.

This is my opinion not legal advice.