H1b 6 year reset

[betatester]

My 6 year H1b expired on sep 2005. When can i again apply for fresh h1b.
1)Can i apply in Apr 2006 to get in to FY2007 quota and enter US on sep 2006.
Will my LCA will be approved in that case.
2) Apply in Apr 2007 for FY2008 quota.

Which is correct

 

[compiler]

My 6 year H1b expired on sep 2005. When can i again apply for fresh h1b.
1)Can i apply in Apr 2006 to get in to FY2007 quota and enter US on sep 2006.
Will my LCA will be approved in that case.
2) Apply in Apr 2007 for FY2008 quota.

Which is correct[/QUOTD]
When did you leave the US?

 

[betatester]

I left US on sep 2005( 1 day before I94 expiry)
Can i apply in FY2007 quota on APril 2006

 

[compiler]

Why can’t? But the starting date will be Oct 1, 2006.

 

[betatester]

My lawyer told me that it is not possible to file Fresh h1b before 1 year period is over.
He told me by october2006 this quota would have been over so i have to wait till April of 2007 to file for h1B.
Any suggestions by gurus of this forum.

 

[compiler]

Your lawyer makes sense because of the H-1B quota issue. The USCIS just released guidance. The USCIS does not allow the employer to only take the H-1B cap numbers at the time of filing. But I still suggest you consult a second lawyer for a second opinion.