Would I be eligible for cap exempt H1B and clock reset to 6 years if I leave US before completing 6 years and stay outside for 1 year before applying for H1B cap exempt visa ?

[acs12]

I have a friend who claims that - 

1. They left the US with 1.5 years left on H1B

2. Stayed outside the US for 1 to 2 years

3. Applied for cap-exempt H1B and received H1B visa with full 6 years clock.

This means that they went through cap process only once and got more than 10 years on H1B, without any approved PERM or I-140. 

Is this possible ? 

[JoeF]

It that happened, the H1 duration was in error, and USCIS will eventually find out and revert that decision, which would make the person illegal if he stayed for over 6 years max.

 

[pontevecchio]

It is not possible. Either he is pulling your leg or he had no clue what sort of H1 petition was filed for him.

[ashukla]

On ‎2‎/‎10‎/‎2018 at 10:56 AM, acs12 said:

I have a friend who claims that - 

1. They left the US with 1.5 years left on H1B

2. Stayed outside the US for 1 to 2 years

3. Applied for cap-exempt H1B and received H1B visa with full 6 years clock.

This means that they went through cap process only once and got more than 10 years on H1B, without any approved PERM or I-140. 

Is this possible ? 

Not at all!!! H1B is allowed max for 6yrs if there is no ground for extension like I140 or LCA, after 6 years you have to stay out of the country and then again you are eligible to apply for fresh H1B (Not cap exempt) for another six years. No other work around.

Either your friend is lying or inviting a serious trouble for him.