H1B 6 Year Reset Question

[shydinesh]

I am in US on H1B since Mar 2004. In my overall stay period I was out of US for 9 months but in seperate periods (not in a stretch). My 6 years of H1B completes by 12/31/2010 if I stay in US for rest of this year.
I have applied extension couple of times that have been approved. Now I can stay only until 12/31/2010 as it completes 6 years.
Since I have already spent 9 months out of US before I have following question with respect to 6 years reset for another H1b term -

1. Do you think I will be able to reset my H1B visa for another 6 years period in case I leave US for another 3-4 months and then apply the new H1b visa?

2. By what date would I be eligible to apply for new H1B if I leave USA by June 2010.

3. Do I need to apply for new H1B for I can reset the 6 years if I do a H1b Transfer or extension after spending another 3-4 months out of US?

If not can you tell me what is the best option for me to come back to US.

Dinesh Shendge

[immihelp]

You will need to spend one year out of the U.S. to apply for fresh H1B visa, subject to cap.

[shydinesh]

So are you saying the 9 months that I was already out of the US in last H1 will not count?.

[sk4ih]

That can be reclaimed in current H1 period also. No need to go out of US. Apply for extn after your current H1 expires, and you will get 9 more months.

[shydinesh]

I received my h1 on Mar 2004. My visa was supposed to expire in Mar 2010 but I have applied for extension is awaiting. Since I was out from US for 9 months I am expecting another 9 months of extension.
My question is what if I decide to leave the US now Apr 2010. What woul be the time when i can apply a fresh new visa and reset my 6 yrs of h1?
Since I was already out for 9 months, i think if i stay out of US another 4-5 months that should complete 12 months time that I was out of US and it should allow me to apply fresh visa that can reset my 6 yrs of h1. Isn't it, if not why?

[shervin143]

It doesn't work like that. You need to be completely out of U.S for 1 whole year to apply for a fresh H1B.

I received my h1 on Mar 2004. My visa was supposed to expire in Mar 2010 but I have applied for extension is awaiting. Since I was out from US for 9 months I am expecting another 9 months of extension.
My question is what if I decide to leave the US now Apr 2010. What woul be the time when i can apply a fresh new visa and reset my 6 yrs of h1?
Since I was already out for 9 months, i think if i stay out of US another 4-5 months that should complete 12 months time that I was out of US and it should allow me to apply fresh visa that can reset my 6 yrs of h1. Isn't it, if not why?