Confusion about H1B Clock Reset after 1 year Gap


vikram8282

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Situation:

5.2 years in US on H1 with 1.2 year gap in between

when returned to US after 1 year gap utilized the same h1b (6 years on current H1 counting all gaps ends October 2013)

Confusion:

If you return on an existing H1B via an extension even if you have spent more than a year outside the USA, the clock is not reset and you would have to start the one year period again?

Can someone please confirm is the above statement is true?

Can I apply for a fresh cap subject H1B in April 2013 with a start date of October 2013 or my clock is not technically reset even though I spent 1 year outside US because I came back on the same H1B?

Thanks!

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