Applying for new H1 after current H1B expires after 6 years

Hi Saurabh, Experts,
I have a H1B and will be completing 6 years in May 2013 without GC processing.
I will be relocating to India in May 2013.

My question is can I apply for a new H1B which will open in April 2013 and appear for interview at the Chennai consulate in March 2014 and reenter US again in May 2014 after 1 year cooling period.

Below are the dates I am thinking of

Current H1B expiry – May 2013
Relocate to India – May 2013
Apply for new H1B – April 2013
Appear for Interview Chennai – March 2014
Re-enter US – May 2014
Stay in India – May 2013 to May 2014 (Cooling period)

Thanks for this great website, looking for guidance


That will not work. Your H-1 needs to be applied after you have spent one year outside US. This means, you will have to get H-1 filed in May 2014 after staying outside US for 1 year from May 2013 to May 2014.