1 year cooling period clarification needed

1 year cooling period clarification needed-

I completed only 4yrs 11 months in H1(23 Dec 2012 till Feb 11 2018) . Got my H1 extension denied and travelled back to India.(13 months left on H1).

My Hubby is in US in F1 OPT - If I travel to US in Dec 2018 before 365 days cooling.

In case I apply fresh H1 in Apr 2019 , will I get full 6 year term validity or will I get only remaining 13 months as I didn’t complete my 365 days cooling time ?

  1. 365 days is considered only after I complete my entire 6 years or is it anytime in between I take 1 year cooling period and get fresh H1 for full 6 year term?

Regulation says that for you to be eligible for full 6 year limit, you need be 1 year physically outside of US, except maybe for brief business or tourism trips.

Check USCIS H1B Info . Search for “Six years” on the page, you will find it.

Technically, you are cap exempt at this point, so you would get remainder period. Regarding next year H1B 2020 season, I am not sure as you will be short by 3 months right, if you go in Dec 2018 ? You may talk to an attorney to clarify. My personal view is that, just to wait for 2 exta months and go back in Feb 2019( after 365 days), you will satisfy the 1 year outside rule and be eligible for next 6 years. You can double check with your attorney