New H1B after a gap of more than one year out of US

[vj3478]

Hi,

 

I got my H1 visa in 2006 Jan and was in India for the period Oct 2009 to May 2011 - around 20 months.

 

When I came back in May and got my H1 extended in Oct, I was expecting a fresh H1 but my employer's attorney informed me that as I came back on the old H1, I will be only be able to recapture the time that I was in India.

 

I felt it was OK at that point of time as I had around 2 years left to get my labor/140 cleared but my current situation is waiting on labor decision from DOL and my 6 years ends in Sep 2013.

 

I m not sure if I stand any chance now to get an H1 extension filing my case as 'I was supposed to get 6 years but got only 20 months instead as I was out of US for over an year'.

 

Please let me know if anybody were in this situation and or was out of US for over a year, came back and got a fresh H1?

 

Thanks,

Vijay