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vshenoy

New H1B eligible after using Remainder Clause?

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Dear all,

I spent little more than a year outside of the United States on an overseas assignment. I returned to the US using the remainder time on my current H1B. This H1B will expire in January 2013. did my six year clock reset? Am I eligible to file a new H1B petition before my current petition ends or did I make a mistake by entering the US using the remainder clause.

My green card is not in process.

Thank you all in advance.

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No, your clock did not reset. You used the same H1.

The clock would have reset if your employer had filed for a new H1 under the quota.

To get a new H1, you would have to stay abroad for a year. The previous year doesn't count anymore.

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