URGENT: how is 1yr outside USA calculated for H1B reset

S

sreeakshay

Registered Users (C)
Hi,

I finished 5 yrs of H1B and left USA on oct 2 2012. I have not entered USA after that. A company is interested in filing my H1B for employment starting date of oct 4th 2013. Can the employer file an H1B petition on April 4th 2013 under the annual CAP and reset my H1B to begin a new 6 year period?

Thanks,

Akshay
 
To give complete picture

1) 10/02/2005: started employment on my H1B
2) 10/02/2005 - 09/28/2010: Worked on H1B from (1).
3) 09/29/2010: employment ended. Went to Canada.
4) 10/02/2010: Obtained H4B in canada. Reentered USA.
5) 10/02/2010 - 10/02/2012: Stayed in USA under H4
6) 10/02/2012 - 10/05/2013: Left to India and will be in India and will not enter USA


Can I apply for H1B under 2013 CAP for employment starting Oct 5th 2013?
 
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