H1-Expired, travelling to India

[labornc]

One of my friend's Labor was rejected and has stayed in US for 6 years on H1-B visa. He is going to India as is transferring him to India. I am sure he has to be outside US for atleast 1 year so the question what I have is

1. when can we apply new H1B petition for him?
2. Do we have to wait for 1 year to file application or we can file it in new years cap immediately and once approved he can re-enter US after 1 year

Thanks,

 

[jaxen]

Apply as soon as the opportunity is there, but specify a start date that is 1 yr after the departure date. Your friend can enter a week before...

 

[labornc]

Thanks Jaxen for you opinion....