New H1B eligible after using Remainder Clause?

[vshenoy]

Dear all,

I spent little more than a year outside of the United States on an overseas assignment. I returned to the US using the remainder time on my current H1B. This H1B will expire in January 2013. did my six year clock reset? Am I eligible to file a new H1B petition before my current petition ends or did I make a mistake by entering the US using the remainder clause.

My green card is not in process.

Thank you all in advance.

[livliv]

No. The petition has to be filed under new cap immediately after you spend 1 year or more outside the US.

[pontevecchio]

You would have to stay out for one year and then the H1 sp[onsor would hjave to file a CAp subject H1 for you to get the 6 years in total.

[Chitown01]

no

[JoeF]

No, your clock did not reset. You used the same H1.

The clock would have reset if your employer had filed for a new H1 under the quota.

To get a new H1, you would have to stay abroad for a year. The previous year doesn't count anymore.

[vshenoy]

Thanks guys. Appreciate the replies. Looks like I will have to apply for my green card.