Someone who has been in H-1B status for the maximum of 6 years is generally not eligible for more time in H-1B status until he or she "has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year," at which point the 6-year clock can be seen to "restart." 8 CFR 214.2(h)(13)(i)(B)

(B) When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15) (H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad. The petitioner shall provide information about the alien's employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to spend time abroad.

 

8 CFR 214.2(h)(13)(iii)(A)

(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

Two important implications of the requirement to have "resided and been physically present outside the United States" are:

1. Time spent in the United States in a status other than H-1B does not count towards the one year of residence and physical presence abroad that is required to restart the H-1B eligibility clock.
2. This is not a "home country" residence requirement. The location condition is "outside the United States," which means that the residence and physical presence can be in any country other than the United States.

After the alien has resided and been physically present outside the United States for one year, he or she becomes eligible for a new full period of 6 years of H-1B status. The burden of proof is on the alien to document that he or she has spent the requisite time abroad.