New-H1B filling while in USA clock was reset

[amishra34]

Got my 1st H1B on 2012 and still I am on same which is getting expire in 2019 , in between I was India for more then a year  to reset my clock.

 Can I apply for CAP petition this year so that I can get new 6 year .

 Below is travel history 

2012 to 2014 -  USA

 Jan 2014 to JUNE 2014 - India

 July 2014 to JULY 2016 USA

 July 2016 to AUg 2017  INDIA ( more then a year ) 

 AUg 2017  to till now  USA .

 Please advise If  my employer can file new H1b  under CAP petition .

 

[JoeF]

Since you re-entered with the old H1, the time abroad doesn't count anymore.

The clock ONLY resets if you are abroad for at least a year AND then get a new H1 in the quota.

[pontevecchio]

This is not how the clock gets reset. You have to leave for one year and THEN have a sponsor file a Cap subject H1 in April and get it approved. if you leave in the next few days, then 2019 April may be a goal.