H1 6 year Counter Reset Question:

[skanjx]

I reached USA in Jan, 2005, stayed here till Dec'07 (3 years) went back to India for 2 year, came back again in Jan'10 on the same visa. (Did I reset my clock?) Then when I applied for extension i, I got approved for 3 more years in the current H1 (Thus completing 6 years of physical stay in my current H1). After completing those 3 years, from here itself, based on CAP can I apply for a new H1, continue here for 3 more years ?

[JoeF]

Since you came back on the same H1, the clock has not been reset.

You would have to be abroad again for one full year, and then an employer can file a new H1 under the cap for you.

[tayalsachin]

Yes. Since you stayed outside of US for more then 12 consecutive months, your clock has been reset.

[JoeF]

Yes. Since you stayed outside of US for more then 12 consecutive months, your clock has been reset.

Sorry, but that is wrong. He came back on the same H1, and that means the clock has not reset.

If he had gotten a new H1 under the quota, then and only then the clock would have been reset.

[neov]

Yes I second JoeFs point .. If you are using the same H1B the counter is not reset. Its equivalent to reclaiming time spent out side of US when you 6 year completion approaches from the first day in US on H1B. The counter only resets after you have completed 6 year in US using the H1B and then you go outside US for 1 year.