H1 cooling period calculation done on new application applied date?

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Hbi There 

I was in US for 3 years on L1B Blanket visa, starting 22-Dec 2009 till 6 Nov 2012.  My L1 Petition duration was from 7-Nov-2009 till 6-Nov-2012. I am now in India since 6 Nov 2012.

1 . I applied for H1B visa in 1-Apr 2013, and I got H1B approved petition for 2 year until 5-Nov-2015 few weeks back.

I'm under impression, if I get stamping done and travel any day after 6 Nov 2013 I'll meet 365 days cooling period(staying out of USA) criteria and my new H1B total duration can extend up to 6 year.

I have a couple of questions:

Why they have given exact 2 year approved H1B petition!!!!!

1) Is it because, I applied my H1b on 1-April-2013 just after 5 month i came back from USA? Have they considered my H1B application date to calculate cooling period?

[b]3 years L1B Stay + 1 year current stay in India + 2 year latest H1B approved petition until 5-Nov-2015 = so total adds up to 6 year!!![/b]

2) Or its because, I’ll be eligible for stamping from 1-oct-2013, by then I will be complete only 11 month of out of US?

3) Can I get maximum 6 year of my new H1B if I will get my stamping done some where in Dec-2013 by then I will cross well over 365 days?

Your suggestion will be appreciated. 



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To be eligible for 6 years you need to file a NEW Capped petition after 365 days outside US. If you have filed cap exempt petition it will be counted against 6 years limit.

FYI, my new H1B was filed under New Capped petition. but cooling period counter will be reset based on H1B application date?

Hello Syed,

How did you resolve your concern. did you get extension after reaching USA as per your cool off period accordingly… Please guide… iam also in similar situation like you …your advice would be great help…