Does H1B 6 year limit get reset for extension?

[zacota]

Kindly advise:

I came in on H1B in 2000 and returned to India in 2002. I came back in on an extension of same visa in 2004.

Since I was out of US for more than 365 days, will I get an extension on the same visa for a 6 year period starting from 2004?

Is there a specific law on this matter or is it just a matter of interpretation?

Thanks in advance for your responses.

[Subramanya]

H1 Extension

I came in on H1B in 2000 and returned to India in 2002. I came back in on an extension of same visa in 2004.

Since I was out of US for more than 365 days, will I get an extension on the same visa for a 6 year period starting from 2004?

Is there a specific law on this matter or is it just a matter of interpretation?

---- You will get an extension of your H1, but only for the remainder of the 6 year period and not a further 6 year period.

---- However, you can claim the period of stay outside of US while applying for extension when you specifically ask for in an application. Consult your attorney for applying the recapture period as there are specific statements that need to be made and they are based on individual cases

Subramanya