H1B Visa

[immihelp]

Hi,

I have been in USA on employer A's H1B VISA for full 6 years and came back to India in Sep 2008. Now I want to file a fresh petition in April 2009 through employer B. Now do I need to stay outside US for 365 days before I can file a fresh petition? Or can I file for the session 2009-10 thru employer because the earliest date I can start working would be Oct 1, 2009....and then I would have stayed outside US for 1 full year.

Thanks for your help in advance.

[immihelp]

You need to stay out of US for one year before you can come to the US. No such requirement for filing.