Resetting counter


kavi

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Currently, I have a valid H1-B visa till Dec 14 2012 and that is my max out date (6 years completion) too. Few months back I realized there was no option to process my GreenCard due to some internal complications. So I decided to move out of US to reset my 6 year counter and moved out sometime April 2012. Here is my question -

1. Am I in the right track - resetting the counter?

2. What is the earliest date I can start processing my new Visa L1-A or L1-B to get a complete 7 years or 6 years?

3. Let me know what are the other options do I have in this situation……

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Generally, to be eligible for a new five, six, or seven year period of L1 or H1B status after leaving the U.S., an individual must have been outside of the U.S. for a full year prior to filing the petition. Key: Must be eligible at the time of filing. If you would like to discuss this in more detail please contact one of the many qualified U.S. immigration attorneys at the Murthy Law Firm.

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Attorney,

Can you please clarify this? Even if you move out, and return to the US on the same H1B petition after a year, it will still not reset your H1 counter. Is this right? H1B counter will be reset only if you have stayed outside US for more than 1 year and you have a new petition filed either by the same or a different employer.

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Can you please clarify this? Even if you move out, and return to the US on the same H1B petition after a year, it will still not reset your H1 counter. Is this right? H1B counter will be reset only if you have stayed outside US for more than 1 year and you have a new petition filed either by the same or a different employer.

That is correct. The time is only reset if, after at least one year abroad, a new H1 is filed which would fall under the quota (unless it is for a cap-exempt employer.)

If you enter with the old H1, you would only get the remaining time.

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