H1B max out calculation

[mas]

Hi All,
I used my h1b 1 year and then went back to India and stayed there for more than 1.5 years.
Currently i am in USA again for around 2 years.

Now my question is....how max out would be calculated, total spend years (1+2)? OR just 2(considering reset logic if you stay more than 1 year outside USA).

[raghvi]

Hi All,
I used my h1b 1 year and then went back to India and stayed there for more than 1.5 years.
Currently i am in USA again for around 2 years.

Now my question is....how max out would be calculated, total spend years (1+2)? OR just 2(considering reset logic if you stay more than 1 year outside USA).

Depends. If you re used the old petition to claim cap exemption then it will be 1+2, else, if you filed a fresh H1 after 1 year stay out of US, then just 2.

This is my opinion not legal advice.