H1 six year reset

[nyc_dude]

Hello,
Am on H1B since 2003 July, and I took break from Aug'07 till Aug0'08 and lived in India. Does that mean my H1B status resets and starts from Aug'08 till another six years?

Any ideas?

NYC_dude

[txh1b]

Only if you had an employer that applied for a new cap number. It is not automatic. Search for remainder on the forum.

[nyc_dude]

thnx....

Hi txh1b,
Thanks for your reply..."Only if you had an employer that applied for a new cap number."
.....does it mean my employer has to apply new H1 start all over again.

Appreciate your reply.
Nyc_dude.

[C4us]

You will be subject to the visa quota and must apply again in April 2009 for start date no earlier than Oct 2009 (if you are selected) in order to make use of a full 6 years following your year outside the US.

Since you have not yet used your full 6 years for your first quota, you may use the remaining, BUT in order to get another 6 years, you will again have to remain out of the US for a year again and reapply under quota.