H1b Visa Clock reset

[agl]

Can anyone help answering my question below?

1> I was in US on L1B visa for appx 3 years from Nov 2012 to Jan 2016 working for my current employer (Employer A)
2> I got my H1b approved through a different employer (Employer B) with COS in June 2015 but unfortunately was not able to join the Employer B as they did not have any project for me.
3> I continued working with my current employer (Employer A) and they filed my L1B to L1A conversion petition in Sep 2015 which got denied in Jan 2016. 
3> I went back to India in Jan 2016.

4> My current employer (Employer A) filed  a new cap-exempt petition for my H1 in May 2016 for Client A  and it got approved but I didn't travel on that petition as the position was no more. Then they filed a new amendment in June 2017 for a different client B . I got my visa stamped with approved petition for Client A and petition receipt from Client B  and came back to US in Oct 2017 and started working on H1 for the first time (after staying almost 1 year and 8 months in India). My amendment was approved in April 2018.

Now I am not clear if my clock is reset and I will get full 6 years on my H1 visa or will my L1B stay will be subtracted from my H1b 6 years? 

 

[JoeF]

The clock did not reset.

The clock only resets if you are abroad for at least a year and then a new H1 petition in the quota is filed. Your H1 in the quota was filed while you were still in the US on L1.

[agl]

On 7/20/2018 at 4:46 PM, JoeF said:

The clock did not reset.

The clock only resets if you are abroad for at least a year and then a new H1 petition in the quota is filed. Your H1 in the quota was filed while you were still in the US on L1.

Then does it mean that I wont get full 6 years on my h1b? If no, please elaborate.

[JoeF]

14 minutes ago, agl said:

Then does it mean that I wont get full 6 years on my h1b? If no, please elaborate.

As I said, the clock did not reset.  The time on L1 would be subtracted from the maximum H1 time.

[agl]

On 1/14/2019 at 10:54 AM, JoeF said:

As I said, the clock did not reset.  The time on L1 would be subtracted from the maximum H1 time.

What are your thoughts on below three points. I read it an online post :-

1> When a candidate already spend sometime on L1B , candidate can not make use of H1B for a continous stretch of 6 years beacause of max out clause of 6 years but H1B is still active for later use
2> when a candidate spends 12 months outside of US as a cooloff period it will unlink the clause of L1B and H1B. Only the time apend on H1B will be considered for any future submissions
3> After 12 months cooloff, candidate has an option to file H1B extention under exempt to regain the remaining lost time on H1B due to max out clause

[JoeF]

#1 is wrong. Once the time on L1 and H1 COMBINED reaches the maximum the H1 is gone. It would not be active after that. It can not be used later.

#2 is wrong. You only get the COMBINED time of L1 and H1, regardless of how long you are abroad.

#3 is also wrong. If you stay abroad for at least a year while the maximum time on L1 and H1 COMBINED is not yet reached you have the choice of getting the REMAINDER time cap-exempt, or get a new 6 years in the quota. If you maxed out the COMBINED time of L1 and H1, you can only get a NEW H1 in the quota.

For an H1, the clock ONLY resets if you are abroad for at least a year and THEN a new petition in the quota is filed. Period.

In your case the clock did NOT reset.

[agl]

20 hours ago, JoeF said:

#1 is wrong. Once the time on L1 and H1 COMBINED reaches the maximum the H1 is gone. It would not be active after that. It can not be used later.

#2 is wrong. You only get the COMBINED time of L1 and H1, regardless of how long you are abroad.

#3 is also wrong. If you stay abroad for at least a year while the maximum time on L1 and H1 COMBINED is not yet reached you have the choice of getting the REMAINDER time cap-exempt, or get a new 6 years in the quota. If you maxed out the COMBINED time of L1 and H1, you can only get a NEW H1 in the quota.

For an H1, the clock ONLY resets if you are abroad for at least a year and THEN a new petition in the quota is filed. Period.

In your case the clock did NOT reset.

Thanks again. Is their any basis on your thoughts (like link to USCIS  document etc). Will appreciate if you can share that.

[JoeF]

It is all in the law. 8 CFR 214.2(h)

You can also ask a lawyer.