H1B with long break and travel back with cap-exempt. Will 6 year period reset?

[ksniyer20]

I travelled with H1B in 2012 and worked for 3 years till 2015 and went back to India and worked for same employer. In 2022 travelled under H1B cap-exempt with same employer. After 6 months, a petition for extension was filed by same employer stating my 6 years Max-out date as 'Aug 9, 2025' after capturing my out of country dates. The petition was approved with a validity till October 31, 2025 and same with I94. Here are my questions:

1. My employer says I need to stay only till Aug 9, 2025 though the validity is till October 31, 2025. Is that correct?

2. Is there a reset on H1B 6 year max out period, because I stayed for close to 7 years outside the country?

Note: My employer has not filed the perm or initiated the GC process and have no intention of doing the same. So, that option is ruled out. To get the PERM filed thru some other new employer, I think its too late now. Please advice.

[JoeF]

When you stay abroad for at least a year you can either come back for the remainder of the original 6 years or go Gor a new H1 in the lottery. Since you chose the former, you only got the remainder time.

For the clock to reset you again would have to stay abroad for at least a year.

Edited August 9 by JoeF

[pontevecchio]

1. You need to add up all times in H1 status and subtract from 6.

2. Once you are out of the country for one year, you can claim the remainder of your H1 non cap or apply for a fresh H1 in the "lottery" should you want a fresh total of 6 years in H1 status.