Question Regarding H1B Visa extension from India

[priyankaangel28]

My company initiated Fresh H1B for me in 2014 cycle and My petition got approved from date 1st Oct, 2014 to 30th June, 2015.
Completed 5 years in US on L1B visa on 20th June, 2014 so I moved back to India on 18th Jun, 2014. I will be completing 1 years out of US on 19th June, 2015 and want to travel back to US after resetting the clock. I have few question regarding my case:_

1. Is it possible to extend H1B from India without traveling to US and what is the right time to initiate the extension?
2. My employer has to submit for H1B extension or they will be submitting for New H1B petition under cap exempt category?
3. Please confirm if i can use this petition for 6 years under cap exempt category as same H1B petition can be used for 6 years once approved.

Really appreciate your help on these question. Thanks a lot in Advance...

[raghvi]

My company initiated Fresh H1B for me in 2014 cycle and My petition got approved from date 1st Oct, 2014 to 30th June, 2015.
Completed 5 years in US on L1B visa on 20th June, 2014 so I moved back to India on 18th Jun, 2014. I will be completing 1 years out of US on 19th June, 2015 and want to travel back to US after resetting the clock. I have few question regarding my case:_

1. Is it possible to extend H1B from India without traveling to US and what is the right time to initiate the extension?
2. My employer has to submit for H1B extension or they will be submitting for New H1B petition under cap exempt category?
3. Please confirm if i can use this petition for 6 years under cap exempt category as same H1B petition can be used for 6 years once approved.

Really appreciate your help on these question. Thanks a lot in Advance...

The clock reset only happens if one resides outside US for an entire year, and after residing outside US applies for fresh H1/L1. Since you applied before staying out, your clock would not reset if you use the 2014 petition , even if you now stay outside US for an entire year.

I believe you have to apply fresh H1 only after 18th Jun 2015 to be able to truly reset your clock. Now, I doubt the H1 cap would would be open till Jun in 2015, so we are probably looking at 2016, with a start date of Oct 2016 for fresh 6 Year H1.

The other way round would be to travel on the current H1 petition, after getting H1 stamped, and also and ask your employer to initiate your GC. Then, to leave US somewhere in May 2015, and then extend the H1 once I140 is approved or PERM pending for a year.

This is my opinion not legal advice.