Cap exempt & h1 b clock reset or not?


I had h1b visa from 2008 cap and used it for 13 months. I returned to India after that and was there for 2 yrs during which it got expired. I got cap exempt visa in 2012 valid till 2015. Is my h1 b clock reset. How much time am I eligible for in the cap exempt visa.



Your clock is not reset. The clock is reset only if both of the following are done:

  1. You stay outside US for more than 1 year

  2. Your new H-1 petition is cap-subject and NOT cap-exempt

In your case #2 didn’t happen.