When is my H1B max out time?

[duoduo0517]

Hello, I have a question, my amended H1B petition was just got approved by USCIS with the valid data of 2/2017 (coz of the acquisition of two companies).

This H1B started from 10/1/2006. from then I was on F1 for about 1 year, and worked outside of US for about 1 year 10 months. If I exclude the vacation time outside of US, The max data based on my calculation is around 11/2015.

But the attorney told me my H1B clock was set and won't be subject to cap as I stayed outside of US for more than 365 days, is this correct? So they claimed 6/2017 as the max out date (this is 6 years after I left us in 6/2011)

I am little confused since my understanding is the clock can be only be reset when filing a fresh H1B petition subject to cap.

Thanks

[raghvi]

Hello, I have a question, my amended H1B petition was just got approved by USCIS with the valid data of 2/2017 (coz of the acquisition of two companies).

This H1B started from 10/1/2006. from then I was on F1 for about 1 year, and worked outside of US for about 1 year 10 months. If I exclude the vacation time outside of US, The max data based on my calculation is around 11/2015.

But the attorney told me my H1B clock was set and won't be subject to cap as I stayed outside of US for more than 365 days, is this correct? So they claimed 6/2017 as the max out date (this is 6 years after I left us in 6/2011)

I am little confused since my understanding is the clock can be only be reset when filing a fresh H1B petition subject to cap.

Thanks

I would say your understanding is correct. Merely staying out doesnt reset the clock. One needs to file a new petition after staying out for 1 Year, unless the PERM is filed 365 days prior to 6th Year completion, in which case the same H1 petition can be extended.

This is my opinion not legal advice.