H1 6 years cap

[SKUMAR_19]

Hello, I will really appreciate if someone could help me to resolve this Puzzle. I need to understand how much time left on my H1 for 6 years cap. 

1. I got L1 visa approval in Aug, 2010 and then I came to USA in Jan, 2011. My L1 expiration date was Aug, 2013. 

2. Before L1 expiration which was Aug, 2013, I got H1 approval in June, 2013. 

3. I went back to India on Aug, 2013 before my L1 expiration - completing 2 Year and 8 months in USA.

4. I came back on H1 in Dec, 2014 after staying 1 year and 4 months out of USA. 

Now my puzzle is, when does my 6 year cap starts?

Option A: - From Jan, 2011 which includes my L1 stay since I have approved H1 even though I was out of USA for 1 year and 4 months. 

Option B: - From Dec, 2014 because I was out of USA for 1 year and 4 months. So 6 year cap got reset. 

Thanks a lot in advance!!

[pontevecchio]

January, 2011. You need to stay out for one year and then get a cap subject H1 petition applied for and approved.

[all max]

On 9/7/2016 at 10:49 AM, pontevecchio said:

January, 2011. You need to stay out for one year and then get a cap subject H1 petition applied for and approved.

well he is clearly saying in his pt 4 that he came back after staying out of USA for1 year 4 months....so his 6 year cap will start from Dec 2014

[pontevecchio]

One needs to stay out for one year and then an employer needs to file a cap subject H1 petition in April and get it approved for a start in November in order to get a new 6 year term. This is clearly not the case here and hence he is not getting a new 6 year term.