H1B Stay Time


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I  am currently on H1B, approves by USCIS in 2014(lottery).

I was in US from Jan 2011 to Nov 2013 on L1B(2 years 10 months), Went back to India since L1B expired. Stayed at India for 11 months.

My employer applied H1B  on 2014. I stated at US from Nov 2014. 

My Employer is Planing to go for extension as my Visa will expire on Jun 2017.

My question is Will I get 3 more years as My H1B was subjected to Cap ans applied while I was outside  US?

Thanks in advance.



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You won't.

For the clock to reset, you would have to have been outside the US for at least a year before the H1 petition was FILED.

Since you left in Nov. 2013, and the H1 presumably was filed in April 2014, that's less than a year. date of entry is irrelevant. Date of filing the application is what matters.


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