H1B visa duration

[imti]

Hi Friends. have below query on my H1 status-
1.On L1B in US from June 2010 to September 2013
2.In India from Oct 2013 to March 2015 (outside of US for one year though H1B-Cap filed on April 2014- within six months from September 2013)
3.On H1B in US from March 2015 to till date (stamped till September 2017)

Does it reset my H1B stay for a complete 6 years ? Though my company attorney have already confirmed with a big NO as Cap was filed just after 6 months of departing from US.

Got a strange reply from a private law firm:
In April 2017 I can file for a fresh H1B cap reason being I was out from Oct 2013 to March 2015 (> a year) while being on last 6 years visa duration !! true ?

Appreciate your thoughts.

[raghvi]

Hi Friends. have below query on my H1 status-
1.On L1B in US from June 2010 to September 2013
2.In India from Oct 2013 to March 2015 (outside of US for one year though H1B-Cap filed on April 2014- within six months from September 2013)
3.On H1B in US from March 2015 to till date (stamped till September 2017)

Does it reset my H1B stay for a complete 6 years ? Though my company attorney have already confirmed with a big NO as Cap was filed just after 6 months of departing from US.

Got a strange reply from a private law firm:
In April 2017 I can file for a fresh H1B cap reason being I was out from Oct 2013 to March 2015 (> a year) while being on last 6 years visa duration !! true ?

Appreciate your thoughts.

You would have been eligible for fresh H1 cycle had you left in March 2013 and applied April 2014 or April 2015 or April 2016 under fresh Cap.
You would have been eligible for fresh H1 cycle had you left March 2016 and applied April 2017.

You will not be eligible for fresh cap when you are already in US since March 2015 on another H1.

The "private firm law" logic, that one can be eligible for fresh cap just by being out of US for 1 Year in last 6 Years, is not correct.

This is my opinion not legal advice.