H1-B visa through out of cap

[Shyam12]

Hi,

 

  I am on H1-B i-797 which was originally approved in 2006. I got the visa stamped came to US immediately and returned back to India in Mar 18 2011 and let the visa expire without extension or stamping. During this time, I was on and off to USA and sum of duration of stay all put together was 4 years.

 

 Now my company files (what they call is out of cap H1 petition) in 2012 and I get this petition approved till Feb 2015. I come back to US on Dec 2012.

 

Now, given that I was in India between march 2011 - dec 2012 (which is greater than 1 year), does my H1-B calender reset to 6 years from the date of arrival or does it not reset (i.e I can stay only for the remainder of 2 years because I had spent 4 years already till 2011 ?)

[jairichi]

Hi,

 

  I am on H1-B i-797 which was originally approved in 2006. I got the visa stamped came to US immediately and returned back to India in Mar 18 2011 and let the visa expire without extension or stamping. During this time, I was on and off to USA and sum of duration of stay all put together was 4 years.

 

 Now my company files (what they call is out of cap H1 petition) in 2012 and I get this petition approved till Feb 2015. I come back to US on Dec 2012.

 

Now, given that I was in India between march 2011 - dec 2012 (which is greater than 1 year), does my H1-B calender reset to 6 years from the date of arrival or does it not reset (i.e I can stay only for the remainder of 2 years because I had spent 4 years already till 2011 ?)

If your employer filed a cap exempt H1B in 2012 you would get only 2 years as your clock was not reset. If they had filed a cap subject H1B after being outside of US for 365 days you would have got 6 years.