H1b 6 year clock after one year stay ouside but H1b cap exempt transfer while outside

[ns_000]

Hi,

I have been in US on H1b from Nov 2008 till June 2011 through company A. Then went to India. A new company B filed for H1b in June 2012, it was cap exempted, and I came to US in Aug 2012. I stayed in India for approx. 1 year and 2 months.

My question is - Do I have six years on this H1b from Aug 2012 ( second time I entered US on ) , or my previous stay in US ( 2 years and 7 months ) is counted towards H1b 6 year clock ?

Any help or pointers is greatly appreciated.

Thanks

[Nattybone]

Hello, Ns_000.

If you were cap exempt then you cannot have fresh 6 years. If it was a fresh petition, through a draw, then you have fresh 6 years.

Hope this helps.

Wishing you luck.

Cheers,

Hi,

I have been in US on H1b from Nov 2008 till June 2011 through company A. Then went to India. A new company B filed for H1b in June 2012, it was cap exempted, and I came to US in Aug 2012. I stayed in India for approx. 1 year and 2 months.

My question is - Do I have six years on this H1b from Aug 2012 ( second time I entered US on ) , or my previous stay in US ( 2 years and 7 months ) is counted towards H1b 6 year clock ?

Any help or pointers is greatly appreciated.

Thanks