Will my 6 year clock reset if I spend more than a year out side US in the same Visa

[Sauravi]

Hi,

 

I have the following query in which I would really like your advise:

 

I came to US first time in 2007 in L1 visa and stayed till the end of 2008. I went out of country and stayed out for a complete 1 year. I came back to US in 2010 with the same L1 visa. In 2011, I got a fresh L1 approved and continued to stay till 2013 oct. In 2013 oct, I got my H1 approved from a different company and joined them

I would like to know if the one year that I have stayed outside the country (2009) would have reset the clock and I can use the full H1 6 years, or the time I spent outside wont reset and I can only use the time I spent outside from 2007 to calculate my over all stay.

Please advise!

 

[jairichi]

The clock is not reset. Your total stay on H1 (max 6 years) will include stay in L1 and H1B.

[nineballs]

No, Since its the same visa, the stay on it will be counted in 6 years. If you would have applied for a new petition and new visa after staying for 1 year outside the US, then its a fesh new 6 years.

[JoeF]

You won't get the full 6 years on H1, the time on L1 since 2010 would get subtracted.

[Sauravi]

Thanks Everyone for your reply. 

 

What I would like to understand is whether my L1 time would get counted from 2010 or from 2007, considering when I reentered in 2010 I used the same L1 petition form 2007.

[jairichi]

Thanks Everyone for your reply. 

 

What I would like to understand is whether my L1 time would get counted from 2010 or from 2007, considering when I reentered in 2010 I used the same L1 petition form 2007.

If you entered US in 2010 with same  L1 petition that you used in 2007 then your time would be counted from 2007.

[jaysam1284]

Hi ,

 

    I have the same question related to this topic.

 

I came to US in Nov 2007 with L1 Regular Visa and returned back to india by Jul 2008.

 

 

I entered US again in Sep 2009 with a new L1 visa and now I am in H1 visa after I complete 3 years with my L1.

 

So in this case my six years count will start from 2007 or 2009?

 

 

Please let me know. Thanks.

 

[jairichi]

Hi ,

 

    I have the same question related to this topic.

 

I came to US in Nov 2007 with L1 Regular Visa and returned back to india by Jul 2008.

 

 

I entered US again in Sep 2009 with a new L1 visa and now I am in H1 visa after I complete 3 years with my L1.

 

So in this case my six years count will start from 2007 or 2009?

 

 

Please let me know. Thanks.

If new L1 petition is filed a year after your return from US (July 2008) your 6 years on H1B starts from Sep 2009.

[jaysam1284]

Thanks For the reply. But I cant understand what you meant by new L1 petitions filed after your return from US.

 

You mean the date in which we file the L1 should be after a year? So you mean only if I filed my L1 after July 2009 then only my clock starts from 2009?

 

But my new L1 Petition filed around April 2009 .But I got my stamping say in Aug 2009.

 

so In this case my clock starts from 2007? . Please let me know. Thanks.

[jairichi]

Thanks For the reply. But I cant understand what you meant by new L1 petitions filed after your return from US.

 

You mean the date in which we file the L1 should be after a year? So you mean only if I filed my L1 after July 2009 then only my clock starts from 2009?

 

But my new L1 Petition filed around April 2009 .But I got my stamping say in Aug 2009.

 

so In this case my clock starts from 2007? . Please let me know. Thanks.

Since your new L1 petition was filed in April 2009 (within 365 days stay outside US) your clock started from 2007.