H1B Clock Reset - L1B/H1B to TN to H1B

[pologc]

Here is my case:

1. L1B Status - Jan 2008 to Aug-2009

2. H1B Status (new stamping) - 1st Sept 2009

3. Six Years completed on H1/L1 status  

4. TN (Canadian Citizen) - Dec - 2013 till date 

I am commuting to work everyday across US-Canada border since my TN status (Dec-2013). Return to Canada after working hours.

Considering I am physically out of US for more than a year (considering my physical presence in Canada on non-working days) but still working in US, does this reset my H1B clock? Can I reapply for H1B?

Thank you

[JoeF]

Hmm, this is an interesting scenario I have never seen. The rule only says that short visits to the US for business or pleasure interrupt the requirement of a year abroad. If the one year is reached just with the weekends, a literal reading of the rules would indicate that the clock did reset.

But it would not surprise me if a USCIS examiner would give you a hard time, so you should run this by a good immigration lawyer.