Fresh H-1B after 6 years

[ravi_katyal]

I completed 6 years on my pervious H1-B in Sep 2014 and moved out of USA. Can I apply for New H-1B in April 2015 and Come back in Oct 2015 if got approved?

[raghvi]

I completed 6 years on my pervious H1-B in Sep 2014 and moved out of USA. Can I apply for New H-1B in April 2015 and Come back in Oct 2015 if got approved?

I dont think so. I believe the rule says the petition should be applied AFTER completion of 1 Year stay outside US. Since you would be applying petition in April 2015 you would not have completed 1 Year stay outside US. Further, USCIS might like to see proof of 365 days stay abroad which you will not be able to provide till Sep 2015.

This is my opinion not legal advice.