I was here on H1B for 1 year and then left the U.S. Three years later, a new employer filed a cap-exempt H1B for me. Did my clock reset? Am I now eligible for 6 years of H1B time?

Answer

One’s H1B clock is “reset” only if one is outside the US for 365 days AND is the beneficiary of a cap-subject H1B petition (i.e. Filing through the H1B lottery, again.). A petition to recapture unused H1B time does not reset the clock. (05.Dec.2016)

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