L1 H1 Clock Reset

[sanjaypatilusa]

Dear Sir,

 

Can you please suggest me on below questions?

 

Background:

 

I came to USA on L1B visa on 1-Sep-2009.

My L1B visa & I-94 were expired on 25-Aug-2012.

I already applied for L1B Extension on 10-Aug-2012.

I received denial notice of L1B Extension on 26-Jan-2013.

I left USA immediately on 30-Jan-2013 and returned to India.

 

I applied for H1B visa in April 2013 through H1B cap from India.

I received Approval notice of H1B visa on 11-Nov-2013.

 

 

Questions:

 

1)      I would like to go to USA on 1-Feb-2014 sothat I could stay in India (i.e. outside USA) for the entire duration of 1 year. In this way, my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (h1B Clock reset)  Is this True ?

 

2)      If above sentence is True then What should be considered as baseline date for calculating stay of 1 year ? i.e. USA move-out date was 30-Jan-2013 and new USA move-in date should be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)

 

 

3)      I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I’ll reach to USA, I’ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario).

 

Thanks a lot in advance.

 

 

With Best Regards,

Sanjay.

[jairichi]

Dear Sir,

 

Can you please suggest me on below questions?

 

Background:

 

I came to USA on L1B visa on 1-Sep-2009.

My L1B visa & I-94 were expired on 25-Aug-2012.

I already applied for L1B Extension on 10-Aug-2012.

I received denial notice of L1B Extension on 26-Jan-2013.

I left USA immediately on 30-Jan-2013 and returned to India.

 

I applied for H1B visa in April 2013 through H1B cap from India.

I received Approval notice of H1B visa on 11-Nov-2013.

 

 

Questions:

 

1)      I would like to go to USA on 1-Feb-2014 sothat I could stay in India (i.e. outside USA) for the entire duration of 1 year. In this way, my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (h1B Clock reset)  Is this True ?

 

2)      If above sentence is True then What should be considered as baseline date for calculating stay of 1 year ? i.e. USA move-out date was 30-Jan-2013 and new USA move-in date should be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)

 

 

3)      I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I’ll reach to USA, I’ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario).

 

Thanks a lot in advance.

 

 

With Best Regards,

Sanjay.

No. Even if you enter on 1st Feb 2014 you will get 6 years - years spent on L1B. Your clock is not reset. To reset your clock you need to stay 365 days outside US before a H1B petition can be filed. In your case it should have been filed by 31st Jan 2014  (1st April 2014) to get 6 years.

[JoeF]

You only get the remainder of 6 years minus the time on L1.

To get the full 6 years for an H1, you would have to stay abroad for at least one year and THEN an employer would have to file a new H1 under the quota.

[kattu786]

Dear Sir,

 

Can you please suggest me on below questions?

 

Background:

 

I came to USA on L1B visa on 1-Sep-2009.

My L1B visa & I-94 were expired on 25-Aug-2012.

I already applied for L1B Extension on 10-Aug-2012.

I received denial notice of L1B Extension on 26-Jan-2013.

I left USA immediately on 30-Jan-2013 and returned to India.

 

I applied for H1B visa in April 2013 through H1B cap from India.

I received Approval notice of H1B visa on 11-Nov-2013.

 

 

Questions:

 

1)      I would like to go to USA on 1-Feb-2014 sothat I could stay in India (i.e. outside USA) for the entire duration of 1 year. In this way, my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (h1B Clock reset)  Is this True ?

 

2)      If above sentence is True then What should be considered as baseline date for calculating stay of 1 year ? i.e. USA move-out date was 30-Jan-2013 and new USA move-in date should be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)

 

 

3)      I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I’ll reach to USA, I’ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario).

 

Thanks a lot in advance.

 

 

With Best Regards,

Sanjay.

1) No

2) To get fresh 6 yrs you have to stay outside USA for 365 days and then apply for a new petition (which in your case should have been Apr 2014 and not Apr 2013).Since you have already spent 3yrs and 5 mnths in US you will get remaining 2 yrs and 7 mnths  (plus any recaptures)

[itsmeusa]

Hi sanjaypatilusa, this is what I heard / read, not sure how much truth as I haven't gone thru this situation - employer should have applied for H-1b after 1 complete years after your return to India i.e. after 30-Jan-2014. I don't think your current H-1b will give you complete 6 years even if you enter after 1 year outside of US. But please check with immigration lawyer or your employer. Best.