Confusion about H1B Clock Reset after 1 year Gap

[vikram8282]

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!

[kalyan_ac]

Your clock has not been reset. You should have applied for a new H1 after the 1 year gap instead coming back on the same old H1.

[pontevecchio]

Your clock is reset if you stay out for 365 days and THEN a H1 sponsor files a cap subject H1 from April,1 onwards for a start date from October,1 onwards.