Cap exempt H1 and then Cap counted H1

[ND123]

Hi,

 

I had worked in US on H1B Visa from Oct 08 to Sep 12 and left US. Now I am back in US from Jan 14 using cap exepmt H1 and got H1 status from Jan 14 - Dec 15. If I apply now for a new H1 in Apr 15 to start from Oct 15, will I be able to get it for 4 Years as I was out of US from Oct 12 - Dec 13 making my H1 clock to reset.

[jairichi]

To get the clock reset you need to stay outside US for 365 days before a cap subject H1B petition can be filed. Since you entered in Jan 2014 with a cap exempt H1B your clock did not reset.