Filed Exactly 1 year after leaving usa- clock reset

[ashishkumartwr]

Hi,

I left USA on June 25th 2019 (5 years L1) and came back to India, registered for new h1b and got selected in the lottery. Uscis recieved my petition on June 25th 2020. Did my clock reset for fresh H1b for 6 years?

Thanks

[gopalakrishnach]

I feel so. But lets see what others say.

[NotAnAttorney]

No.

the H1B should be filed atleast 1 year after your exit from USA, which means in your case if it's filed after June 25th 2020, then the clock will be reset but yours was filed April 1st 2020, which is within a year from your exit. So your 6 yr clock wouldn't reset.

[ashishkumartwr]

It was not filed in April. process changed this year, Lottery was selected on March 31st and uscis gave 90 days from there till June 30th to file. I had asked the lawyer to file it on/after 26th but they messed up. USCIS recieved petition on June 25th instead , exactly one year after i left USA. Question is - does USCIS considers 365 days or an year? since it was a leap year i am already passed 365 days when filed. But if its an year then probably there will be an issue.

 

[JoeF]

The rule is that the person has to have been abroad for at least a year before filing. Not a specific number of days, the law text says year.

Edited August 17, 2020 by JoeF