H1B 6th yr Clock reset option - IMP

[mvijaypal]

6th yr clock will reset, having 366 days break between H1 Visa validty?

Hi,

I was in US for 4 yrs on L1 and left on April 30, 05. Before I leave US, applied for H1B(1st time), got the visa valid from "Oct 3rd 2005 to Jun 2007". In defining H1B validity, counted my 4 yrs L1A stay.

After 366 days break, I'll plan to fly US on May 3rd, 06 using H1B (valid till Jun 2007)

1. If I'll reach US on H1B after 366 days break (May 06), DO I eligible for "H1B 6th yr clock reset" ?
2. If I'd eligible for 6th yr clock reset, should I file it as extension / "new H1B" ?
3. If it is new H1B, is this will be subjected to CAP ? If it is a CAP, should I file it in FY 07 CAP?

Thank you

 

[mvijaypal]

All,

I'd greatly appreciate if you share your ideas on my queries ?

thank you