H1 Clock Reset - Urgent

[Rajkumar123]

I was on L1B and I went out upon expiry in 9th April 2012. Then applied for H1B on 1st April 2013 and entered on 19th Nov 2013.

 

I applied one week before completion of 1 year outside of US.

 

Entry and exit dates-

 

L1B- 18 May 2009 to 9th April 2012  (L1 expired and did not applied for extension)

 

H1B-  19th Nov 2013 to till date. This is fresh H1B under lottery.

 

Am I eligible for further extension on H1B (Next 3 years)

[JoeF]

The clock did not reset, so you can not get an H1 extension.

The rule for resetting the clock is that the person has to be abroad for at least a year when the new petition is filed.

[Rajkumar123]

Thank you JoeF for your quick reply.

 

In this case if some attorney tries to file exttension then, will it reject directly. I am asking because a consultancy firm asked that It can be extended and they can file. I am confuded as getting different advice. Do you know any refrence of the USCIS rule on their wesite.

 

Thanks for your help.

[JoeF]

Thank you JoeF for your quick reply.

 

In this case if some attorney tries to file exttension then, will it reject directly. I am asking because a consultancy firm asked that It can be extended and they can file. I am confuded as getting different advice. Do you know any refrence of the USCIS rule on their wesite.

 

Thanks for your help.

 

This is in the immigration law. And competent lawyers know it.

See, e.g., http://www.murthy.com/2015/11/23/h1b-remainder-approvals-even-after-long-absence-from-u-s/

"A person who previously held H1B status may become eligible for a new six-year H1B period by departing the United States for at least one year before having a cap-subject H1B petition filed on his/her behalf." (emphasis mine)

 

That consulting company you talked with is clueless, like most of these shady consulting companies...

[Rajkumar123]

Thank you JoeF for your quick reply.