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sanjaypatilusa

L1-H1 Clock Reset & cooling period

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L1-H1 Clock Reset : I came back to India on 30-Jan-2013 from USA as my L1 visa was expired. Presently I am staying in India. Now My H1B has been approved and I want to go to USA.

 

But (1) I would like to complete 1 year of cooling period in India sothat  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). Is this True ?

 

(2) If yes, then how 1 year period should be calculated? For Ex. my USA move out date was 30-Jan-2013 then new USA move-in date would be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)? Please suggest.

(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).

 

(4) Can I transfer my H1B visa to another employer when I am staying in India ?

 

Thank You.

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L1-H1 Clock Reset : I came back to India on 30-Jan-2013 from USA as my L1 visa was expired. Presently I am staying in India. Now My H1B has been approved and I want to go to USA.

 

But (1) I would like to complete 1 year of cooling period in India sothat  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). Is this True ?

 

(2) If yes, then how 1 year period should be calculated? For Ex. my USA move out date was 30-Jan-2013 then new USA move-in date would be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)? Please suggest.

(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).

 

(4) Can I transfer my H1B visa to another employer when I am staying in India ?

 

Thank You.

1, 2 & 3. No. To get 6 years on H1B you should have stayed 365 days outside US before a H1B petition is filed. In your case only if your H1B petition was filed in Jan 2014 you will be eligible for 6 years on H1B. Now you would get 6 years - time spent on L1.

4. Yes.

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Hi,

I have been in US from 2006 till 2013 and in between I had been in India too for few months. Finally I came back to India on November 2013 and till then I am in India. Can you please advise when I will be eligible to apply for new L1A again.

 

I have provided the details of my stay in US as below.

 

My Stay in USA : in Last 7 Yrs
----------------------
IN                  OUT                  Visa Type
-------------------------
02/25/2006 To 04/22/2007         L1B
10/19/2007 To 10/18/2008         L1B
11/16/2008 To 08/03/2011         L1B
10/19/2011 To 11/05/2013         L1A
 
Thanks,
Subir

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Hi,

I have been in US from 2006 till 2013 and in between I had been in India too for few months. Finally I came back to India on November 2013 and till then I am in India. Can you please advise when I will be eligible to apply for new L1A again.

 

I have provided the details of my stay in US as below.

 

My Stay in USA : in Last 7 Yrs
----------------------
IN                  OUT                  Visa Type
-------------------------
02/25/2006 To 04/22/2007         L1B
10/19/2007 To 10/18/2008         L1B
11/16/2008 To 08/03/2011         L1B
10/19/2011 To 11/05/2013         L1A
 
Thanks,
Subir

 

You will be eligible to apply for fresh L1A only after spending 365 days outside US i.e. you will be eligible by 11/05/2014.

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Hi,

 

Thanks for your reply. One question, from 2006 till date I have spent more than 365 days in India (in between my US visit). Does it not count?

 

Thanks,

Subir

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Hi,

 

Thanks for your reply. One question, from 2006 till date I have spent more than 365 days in India (in between my US visit). Does it not count?

 

Thanks,

Subir

Nope. It is not total 365 days but continuous 365 days outside US.

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Hi - I worked in US for 5 years with L1B visa. End of 5th year my employer applied L1A and I got denial status.  My wife still works in US on H1B - Now I'm in Canada with work permit visa and I also got H4 stamping in Canada.  Is it ok to Visit my family in US regularly - May be monthly once (I will be entering using H4). Will that impact my 365 cooling period?

 

Edited by Chen123
spelling correction

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Hi,

A company is going to apply for my  H1b cap non-exempt visa in April 2018. If I get selected in the lottery, I want to know how many years I could get on my new H1 visa. Previously, I had L1-B visa from Oct 2012 to Sept 2015. After Sept 2015 I stayed in the US on H4 till date (Jan 2018). Would I get only 3 years on H1 or would I get 6 full years after spending 3 years on H4 ?

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1 hour ago, acs12 said:

Hi,

A company is going to apply for my  H1b cap non-exempt visa in April 2018. If I get selected in the lottery, I want to know how many years I could get on my new H1 visa. Previously, I had L1-B visa from Oct 2012 to Sept 2015. After Sept 2015 I stayed in the US on H4 till date (Jan 2018). Would I get only 3 years on H1 or would I get 6 full years after spending 3 years on H4 ?

3 years.

The clock only resets if the person is abroad for at least a year.

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8 CFR 214.2(h) and (l):

" An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."

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Hi,

Can you tell me if one can apply for fresh H1B visa cap while in cooling-off period of 1 year?

My situation: My H1B 6years cap will expire in June 2020 (during which month I also plan to travel back to home country). My cool-off period would end in June 2021, however the H1B cap filings for the year would already be over in April 2021. Can I be part of 2021 filing or would I need to wait until 2022 to be able to file for fresh H1B?

Thanks for the reply!

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19 hours ago, apoddar said:

Hi,

Can you tell me if one can apply for fresh H1B visa cap while in cooling-off period of 1 year?

My situation: My H1B 6years cap will expire in June 2020 (during which month I also plan to travel back to home country). My cool-off period would end in June 2021, however the H1B cap filings for the year would already be over in April 2021. Can I be part of 2021 filing or would I need to wait until 2022 to be able to file for fresh H1B?

Thanks for the reply!

A new H1 can only be FILED when you have been abroad for at least a year.

If you leave in June 2020, a new H1 could be filed the earliest in June 2021. If the quota is full by then it can only be filed in April 2022.

Edited by JoeF

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Hi,

My L1b visa(5 years) is maxing out on April 02,2020. I am plane to move out of country March 20.

Cooling period of 365days calculated from March 2020 to March 2021.

If i file h1b this year if it get approved I can able to use only 1 year.

If i file h1b next year I can able to use my full 6 years period. Is it correct?

My question is

How my filling date calculated. March 1st or April 1st. Because of new policy how it will consider. Till Last year it was April 1st if I am not wrong.

 

 

 

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Hi,

I am currently on H1B, maxing out in July 2020.

However, I am moving back to my home country in June 2020.

I understand that I have to take a 1 year cooling period before I can return to US on a new H1B.

Having said that, will I be considered eligible to apply for a new H1B petition in April 2021 H1b drive? Assuming that it gets approved, I will be able to fly only after October 1st 2021 and by that time, I would have completed my cooling period of 1 year.

Or will I be allowed to 'Apply' for H1b petition only after a year, which means, I would have to wait until April 2022 to file a new H1b Petition since that is when the slot opens again for H1b. Please let me know what is the right eligibility.

Just want to understand whether the 1 year rule is restricted to 'flying back to US' or 'applying for new petition'.

Also, if i want to file an L1B instead, then do I still need to wait for the one year cooling period before I can apply for L1b?

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Rule is that you will have to stay outside for 1 year before you can FILE for a new H1 petition AND have to go through the lottery to get new 6 years. 

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On 2/5/2020 at 1:37 PM, Alice Sona said:

Also, if i want to file an L1B instead, then do I still need to wait for the one year cooling period before I can apply for L1b?

For an L1 you have to work abroad for the employer for a year before becoming eligible. That by itself already implies that an L1 can only be filed after a year abroad.

And the law also states that after a max out an H1 OR L1 can only be filed once the person has been abroad for a year.

And for a new H1, have you bothered to read earlier posts, like mine, above? What part of "A new H1 can only be FILED when you have been abroad for at least a year" is unclear? I emphasized "FILED" for a reason.

Edited by JoeF

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On 2/7/2020 at 10:53 PM, JoeF said:

For an L1 you have to work abroad for the employer for a year before becoming eligible. That by itself already implies that an L1 can only be filed after a year abroad.

And the law also states that after a max out an H1 OR L1 can only be filed once the person has been abroad for a year.

And for a new H1, have you bothered to read earlier posts, like mine, above? What part of "A new H1 can only be FILED when you have been abroad for at least a year" is unclear? I emphasized "FILED" for a reason.

Well sir, with all due respect, I have definitely read previous posts. But sometimes, people need additional confirmation for scenarios specific to them just so to be sure that they are not understanding anything incorrectly. Isn't that the whole idea of such forums in the first place?

Secondly, another issue that arises here in my case is, even if I plan to repatriate early, say by March end 2020, just so to be able to complete my cooling period before April 2021, I am being told that even then I will not be eligible for April 2021 H1b drive, because with the new H1b registration process, the applicants have to be registered in March 2021. SO now it seems like I would have to complete my cooling period before March 2021 i.e before the registration process begins rather than before the 'Petition' submission process which starts on April 1st 2021.

Is that true?

Edited by Alice Sona

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