L1 - H1: Time reset when applied as consular notify


Rumpelstil

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My L1 got expired on Dec 2012 and i went back to india by Nov 2012. L1 extension was never filed.

 

My H1B was applied immediate year(as counsular notification) and my petition was approved by July 2013 and i reentered US  on Apr 2014. 

 

My current employer is saying that as your H1 was applied as counsular notify and i was india for more than a year,  the clock got reset and my L1 stay doesnt count towards the six year limit. 

 

Is that correct? Please clarify.

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No, the clock did not reset.

The clock only resets if the person is abroad for at least a year and a new petition is FILED after that year abroad.

Consular notification (there is no consular processing for His or Lys, only for GCs) is completely irrelevant.

Find a better employer, one who has some clue.

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  • 4 months later...

Hi, 

In my case, My H1 was filed when I was in USA on L1 Visa, and the visa got approved as Consular Notification, I stayed in India between L1 and h1 for more than one year. My attorney says that my Clock got rest and I can stay another 6 years, but this forum and many other forums say that the clock did not reset, the one year gap should be between "exit and apply" and not "Exit and Entry". I gave references of all these forums to my attorney and they still say that my case is reset for 6 years.

can we find any documentation from USCIS rule book on such cases, we have to either depend on forum/attorney, is there a way to check directly from USCIS/DOL.

Thanks,

 

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Irrelevant. The date of FILING of the H1 is the only thing that matters, not if it was COS or Consular Notification, or how long you were abroad after filing.

If you haven't been abroad for a year WHEN the H1 petition was FILED, the time does not reset. It is THAT simple. No but or if.

And get a better lawyer.

 

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