6 years completed on H1 when to file new H1

[viveksh]

Hi,

I had completed my 6 years on H1B on September 30th 2015. I had left US in September 2015. My employer is planning to file a fresh H1B. In order to be eligible for H1B next year I need to file the application by April 1st 2016 and if things work out I should be able to start work by October 1st 2016 which would be 1 year and few days outside the US.

I wanted to know:
Can I have my employer file the new H1B application on April 1st 2016? I read elsewhere that the employer would be eligible to 'file H1B' only after 1 year outside US which would eventually mean filing in April 2017 and then starting work on October 2017. That would turn out to mean 2 years outside US before I can start working!

Please help me clarify this confusion.

Any help is highly appreciated.

[shervin143]

Employer should be able to file in April with the Start date in October which will make your stay outside U.S for a solid 1 year.

[viveksh]

Employer should be able to file in April with the Start date in October which will make you stay outside U.S a solid 1 year.

Thanks for confirming it Shervin.

That is what I thought too. However, my HR mentioned that I need to be eligible (in terms of 1 year outside US) at the time of filing for H1B. I think her statement might be incorrect.

[shervin143]

Your entry back into U.S should be after a gap of 365 days. Do consult an immigration attorney and they may be able to help you with proper documentation to support your case with your employer.

Thanks for confirming it Shervin.

That is what I thought too. However, my HR mentioned that I need to be eligible (in terms of 1 year outside US) at the time of filing for H1B. I think her statement might be incorrect.