New H1 after 6 years stay in USA

[senthil1004]

I am completing 6 years stay in Jan 2012. I will go back to India/other country in Jan 2012.

Can I apply for new H1 cap in October 2012, get stamp, and travel back to US on Feb 2013.

Or do I need to wait till Jan 2013 (365 days) to apply for new H1. Kindly let me know.

[shervin143]

You can file, but your requested effective date of the H1B petition should be 365 days from the date of exiting U.S after your 6 years stay. Meaning, if your petitioner should request the H1B to be effective as of 2013 January. The effective date can requested until 6 months in future.