L1B Maxout->H1B Stamped->H1B Maxed out -> H1b Cap Question

[richesh07]

Hi All,

 

I came to the US in Jan 2009 on L1B, It maxed out in April 2014 (with approved  H1B Consular processing) and I went to Canada get my H1B stamping done. I got it stamped till April 2016 as my PERM is in process.

 

Now, I've maxed out my L1B+H1B but I'm still having valid H1B visa. I want to go out of the US for an year and come back again to get the H1B clock reset.

 

My question is, I'm going out of the US for an year and if I want to come back to the US after an year, will I need to apply for my H1B under Cap or my H1B will be cap exempt as I have not fully utilized 6 years on H1B? I however did use 5 years on L1B + 1 year on H1B.

 

Please advice.

 

Thanks,

Richie 

[jairichi]

For H1B clock to reset you need to be outside US for 365 days and and after that a cap subject H1B petition has to be filed.