H1B maxout/ reset?

[swati-pg]

Hi Everyone,

I want to know if my H1B maxout period was reset. Below are my US visa entry/exit details. I returned to India on 12/23/2013 when my L1B extension was rejected. I had applied for new H1B within 1 year after returning to India but came back to US after staying in India for one year. So, is my Maxout period reset when I came back after 1 year? is my maxout in 2021?

Visa Type             US Entry Date     US Exit Date

L1B                        10/31/2010        12/23/2013

H1B                        1/12/2015          current

 

Edited May 25, 2017 by swati-pg

[Ask@Murthy]

54 minutes ago, swati-pg said:

Hi Everyone,

I want to know if my H1B maxout period was reset. Below are my US visa entry/exit details. I returned to India on 12/23/2013 when my L1B extension was rejected. I had applied for new H1B within 1 year after returning to India but came back to US after staying in India for one year. So, is my Maxout period reset when I came back after 1 year? is my maxout in 2021?

Visa Type             US Entry Date     US Exit Date

L1B                        10/31/2010        12/23/2013

H1B                        1/12/2015          current

 

To reset clock, new cap subject H1 should be FILED AFTER 1YEAR staying outside US. In your case H1 was filed before 1 year of stay outside US..

[swati-pg]

Thank you.

My Perm is not filled yet. Still how did my H1B got extended till Dec 2019, which is beyond max-out date if clock is not reset?

[vikas.nikuu]

Hi Swati,  could you share your status update, did your clock get reset for H1B case?  did you double check with your company's lawyer  ...I am also in same boat, pls advise

 

Currently, I am in USA with H1B visa, before that I have been in USA for 2 years and 2 months on L1B visa. 

My USA entry and exit details are - 

Entry Date                              Exit Date                             VISA Type

4 April 2012                            30 June 2014                          L1B

1 May 2016                                                                              H1B

IMP--

• My current H1B was filed on 02 Apr 2014 quota when I was in USA on L1B and got approved in August 2014. 
• I left USA in July 2014,  stayed in India until APril 2016 and  Travelled back to USA  in May 2016
• I was never in h1b status in 2014 since it got active in the oct 2014  but I left USA  in July 2014.

Question: Please let me know whether my L1B stay of 2 years and 2 months will be included in my H1B max out of 6 years or not.

 

[sarvind20]

Hi,

I am in the same boat here. I left U.S on 01/31/2015 and stayed in India till 01/13/2017 ( almost 2 years). My H1B visa was issued in Oct 2016.

I want to know if the two years on L1B will be counted against the current H1B duration. Will my max out date be November 2020 ?

Visa Type             US Entry Date     US Exit Date

L1B                        06/12/2012        08/24/2013

L1B                        01/14/2014         01/31/2015

H1B                        1/14/2017          current

Thanks

AS