Fresh H1B term after 1 year outside US

[planetyogi]

Hi Friends,

I have been on H1B visa for around 5 years and I returned to India in august 2003. I am planning to return to US later this year. I would like to know if I should wait till august to file H1B visa for BCIS to grant me a fresh H1B term or I can apply for visa right now, but since the next years visa quota will open in october, I will be grated a fresh term anyways.

Thanks in advance.

Yogi.

[immihelp]

Does not matter whether you get H1 from old quota or fresh, as long as you are out of country for 1 year, you would get fresh H1