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Question

I completed 6 years of physical stay in US and I returned to India in Sept 2011. My old H1 is now expired. I have a query regarding applying for fresh new H1 B in April 2012. I understand the applicant needs to be outside US for 365 days before applying for new H1 again. Below is my question : Can my employer apply for new H1 in Apr 2012 which starts only in Oct 2012 by when 365 days is reset OR Can my employer only apply for new H1 only after Sept 2012? I am trying to understand if the 365 days reset should have happened at the time of filing for a new H1 (Apr 1st) or at the time of start date in petition(which is normally Oct 1st)? Can you clarify ? My employer is stating that I'll need to wait for 365 days before applying. Need expert advise and share references if available

User's Location: , India

Category: H1B Visa (Work Visa)