Urgent Question About filing H1 after gap of one year --

ajaxs108

Registered Users (C)
My Current Scenario --

1) I have been out of USA (now in India) since August 22nd, 2011.

2) Since then I have stayed in India, and have not been to USA. I have decided to give it a gap of one year, based on the rule that "one can be granted a fresh H1b visa after being out of United Stated for one year"

4) As per my knowledge, the H1b filing process starts on April 1st, 2012, but the entry in US can be made in September or October 2012 right?? My main question is : which of the two options mentioned below, should I choose as I am confused about the time line, if anyone knows about this scenario please help me out --

Option A) Whether I can file the new H1b on April 1, 2012, based on the fact that I would be entering USA in September or October 2012 ( The company filing my H1b would put the start date of my employment in September or October 2012, which would be more than a year, since I left USA on August 22nd, 2011)

Option B) or Can I file the new H1b, only after August 22nd, 2012 (since that would be exactly one year since I left USA) and would that mean that I should file in April 2013 or can I file in August 2012??
 
Urgent -- Can someone help please ??

What is the exact rule about applying for H1b after staying outside United States for one year?? Can one apply a bit earlier that completion of one year, if the start date of employment on the new h1b application is after one year period??? If someone can reply urgently, I would really appreciate it. its really urgent...
 
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