USCIS policy around H1B validity

[lydiaruth80]

Hi,
I would like to understand H1 expiry policy. I know H1B visa can be extended for a maximum of 6 years. So considering the case below for the same H1 petition,

1. A person entered US say Jan 2004
2. Exit US Jan 2005
3. Rentered US - May 2007
4. In US till date

So ideally he spent 1 year first time and 4 years now. Does that mean he spent 5 years on H1 and is eligible to say for another one year only?

or since he was out of the US for more than a year, does the H1 clock get reset and he gets all 6 years back from May 2007?

Any help in this regard would be highly appreciated.

Thanks!

[shervin143]

The clock will reset only if you have stayed outside U.S for 1 whole year and then file a new H1B petition on a brand new CAP (With Oct 1st or later as start date). If you have entered U.S in the old CAP, then the clock won't reset.

[kabkaba]

But to add to the above, there certainly is 1 more year left in that cap. Only the time spent in the US in H1 status counts towards 6 years.