Clarification on H1B Clock / Maxout / Last Date

[Max007in]

Need a clarification on my H1B Maxout/last date. I've been working in US (onshore) for the same employer but have traveled

back to offshore many times to continue my work at offshore. Hence have been working ON and OFF with the same H1B. Below

are my U.S. entry and exit dates.

(First entry to US) 15-Jul-2006 to 09-Nov-2007 -> 1 year 3 months
(entered after 01 month gap) 09-Dec-2007 to 21-Feb-2009 -> 1 year 2 months
(entered after 18 month gap) 22-Aug-2010 to 25-Feb-2011 -> 0 year 6 months
(entered after 03 weeks gap) 20-Mar-2011 to 21-May-2012 -> 1 year 2 months
(entered after 13 month gap) 05-Sep-2013 to 08-Feb-2014 -> 0 year 5 months
(entered after 06 month gap) 21-Aug-2014 to 30-Jan-2015 -> 0 year 5 months
(entered after 02 weeks gap) 16-Feb-2015 to till date -> 0 year 3 months


Questions:
1. Since I've been outside US for more than a year period (couple of times), will my H1B Clock get reset? In other words,

will the 6 year max out date / Last Date be calculated after my last 1 year period outside US? As per the above entry/exit

dates, it is 05-Sep-2013.


2. If the answer to the above question is NO, then my 6year Max out date (calculated) is 17th Jan 2016. Is there any chance

that I will get extension beyond the calculated date of 17th Jan 2016?

3. What are my chances to continue my stay here If my employer files for PERM now (considering I have only 7 more months on

my H1B)?

Thanks In Advance!
Max

[raghvi]

Need a clarification on my H1B Maxout/last date. I've been working in US (onshore) for the same employer but have traveled

back to offshore many times to continue my work at offshore. Hence have been working ON and OFF with the same H1B. Below

are my U.S. entry and exit dates.

(First entry to US) 15-Jul-2006 to 09-Nov-2007 -> 1 year 3 months
(entered after 01 month gap) 09-Dec-2007 to 21-Feb-2009 -> 1 year 2 months
(entered after 18 month gap) 22-Aug-2010 to 25-Feb-2011 -> 0 year 6 months
(entered after 03 weeks gap) 20-Mar-2011 to 21-May-2012 -> 1 year 2 months
(entered after 13 month gap) 05-Sep-2013 to 08-Feb-2014 -> 0 year 5 months
(entered after 06 month gap) 21-Aug-2014 to 30-Jan-2015 -> 0 year 5 months
(entered after 02 weeks gap) 16-Feb-2015 to till date -> 0 year 3 months


Questions:
1. Since I've been outside US for more than a year period (couple of times), will my H1B Clock get reset? In other words,

will the 6 year max out date / Last Date be calculated after my last 1 year period outside US? As per the above entry/exit

dates, it is 05-Sep-2013.


2. If the answer to the above question is NO, then my 6year Max out date (calculated) is 17th Jan 2016. Is there any chance

that I will get extension beyond the calculated date of 17th Jan 2016?

3. What are my chances to continue my stay here If my employer files for PERM now (considering I have only 7 more months on

my H1B)?

Thanks In Advance!
Max

1. Clock reset needs two conditions, stay out of US for 365+ Days and file a new petition in new cap. Since you re-entered on an old petition/cap the clock would not reset.
2. In order to stay beyond 6 Years H1 physical presence in US one needs to Either
a. Have PERM filed at least 365 days prior to 6th Year completion (this would enable filing H1 extension for 1 Year).
OR
b. Have I140 approved by the time 6th Year completes (this would enable filing H1 extension for 3 Years).

3. It does not look like you qualify for 2.a. above hence best bet is 2.b. 7 Months is too close a call for I140 approval. If there is audit it can take 1+ Year for I140 approval.

This is my opinion not legal advice.

[Max007in]

1. Clock reset needs two conditions, stay out of US for 365+ Days and file a new petition in new cap. Since you re-entered on an old petition/cap the clock would not reset.
2. In order to stay beyond 6 Years H1 physical presence in US one needs to Either
a. Have PERM filed at least 365 days prior to 6th Year completion (this would enable filing H1 extension for 1 Year).
OR
b. Have I140 approved by the time 6th Year completes (this would enable filing H1 extension for 3 Years).

3. It does not look like you qualify for 2.a. above hence best bet is 2.b. 7 Months is too close a call for I140 approval. If there is audit it can take 1+ Year for I140 approval.

This is my opinion not legal advice.

Thanks Raghvi for the quick reply. Based on your response, I have another question. If my employer files for PERM and if it does not get approved before my Last Day of 6th year, I understand that I have to leave US.
1. But after 1 year of filing PERM or after PERM Approval, can I file for 1 year H1 extension (outside Cap) from outside US?
2. If PERM and I140 get approved after I leave US, can I file for 3 year H1 extension (outside Cap)?

Thanks in Advance!
Max