Regarding H1B Period Reset

[AGR1982]

Hi,

I was in the U.S working for employer1 from 2007 to 2010. Went to India and worked there for 5 years with employer 2, and employer 2 filed H1B in cap-exempt and now I am in the U.S working for employer 2.

Few Questions:

1. If I transfer H1B to employer 3, what will be the remaining period for which I will get H1B. Since I was outside U.S for 5 years in between, will I be able to get it for another 3 years i.e. will clock reset ?

2. Is there a way I can file for fresh H1B lottery when I am already in the U.S on H1B.

Appreciate a response.

[JoeF]

The time did not reset.

The time would only reset if you are abroad for at least a year and then a NEW H1 in the quota is filed.

Since your H1 from employer 2 was not filed in the quota, the time did not reset.

[Reddi]

1. Seems you already worked with employer almost 3yrs and they will consider only this 3yrs time stay on the USA. 

after that where you are working it doesn't matter whether you are in USA or India. but luckly you came back to USA under cap-exempt with employer2. 

Now if you move to employer3 then you will be able to get for another 3yrs. but some times they will consider 1 or 2 or 3 yrs. but you have chance to stay for another 3 years.

In these 3 years of stay if you apply or start the green card process and get the PERM/I-140 then you will be stay n number of years in the USA based on extending your petition.