will 6 years counter be reset - Completing 6 years on H1 with Gap of more than 1 year

[manojbu]

Hi,

My sister has worked in USA on H1 B visa for 2.5 years.
After that, she was out of united states for 1 year 3 months.
After staying out of USA, she came back and now she has been working in USA on H1 B visa for last 2.5 years.

So her total stay in USA on H1 B is 5 years, while stay outside united states has been 1 year 3 months.

Will the H1-B counter of 6 years be reset for her? When her employer applies for next H1B extension, will she be allowed for extending her visa by 1 year only or can it be extended by 2.5 years?

Thanks.

[shervin143]

It depends on how her H1B was filed after staying out o U.S for 1 year. Did the employer use the old CAP number to file the new petition or they filed a petition in a fresh new CAP and the start date was only after Oct 1st or later. On a fresh new CAP, the clock will reset. If the old CAP was used, then the clock will not reset.

[manojbu]

Thanks for the reply. She checked and looks like today, H1 B cap was reached and USCIS is not accepting any new H1 B applications. Does that mean, if her extension is filed now, her employer can not use new CAP number which could have reset the 6 years counter?

Thanks.

[shervin143]

That is correct. If she want a fresh 6 year term, she need to wait until April 1st 2012 and can start working only from Oct 1st 2012.

Thanks for the reply. She checked and looks like today, H1 B cap was reached and USCIS is not accepting any new H1 B applications. Does that mean, if her extension is filed now, her employer can not use new CAP number which could have reset the 6 years counter?

Thanks.