Query on 6 yr stay clock reset by converting L1B to H1

[leo81]

Need your help pls!!!.

Currently i am on L1B and i am planning to apply for H1 .

I need your inputs on whether my 6 yrs clock will be reset when i apply H1 considering that i stayed out of US for around 340 days ( not 365 days) ...

My current L1B visa is expiring on Apr-2012 and have valid I-94 until Mar-2014

I here provided the details for your reference.

Visa Type & version US Entry date US Exit date No of Days out of US

L1B - First 19-Mar-06 31-Mar-07 29

29-Apr-07 27-Jan-09 40

L1B-Second 8-Mar-09 26-Apr-10 340

1-Apr-11

[JoeF]

Time on L1 and H1 is combined.

To get a new 6 years on H1, you absolutely have to be outside the US for one year. And the on e year requirement starts over if you enter the US on the same L1 or H1.

In other words, The one year has to be later than your last entry on H1 or L1.

[jkt123]

Hi JoeF,

I am in very similar situation.Could you please help me by clarifying.

Here is my current status:

I was in USA on L1 Blanket

from Apr 2007- MAR 2008- 11 Months

from Apr 2008 - APR 2009- 1 Year

Moved back to India and stayed out of US for - 14 Months( Out of USA) Apr 2009 to June 2010

During my stay in india L1B Visa get expired in Dec 2009 .

I Filed L1B On Feb 2010 and got a approved Visa from Feb 2010 to Feb 2013 in India .

Came back to USA in June end 2010 and staying in USA ( 2 Year 6 Month) .AS Visa was expiring on FEB 2013 My employer applied H1B and got an approval of 1 Year [from dec 2012 to Dec 2013]

My total stay in USA is 4 Year 6 Month and i was out of USA for 15 Month in between.

Here is My questions:

1) Since I was out of US for 15 Month, Will my H1B clock gets reset ?

2) Is there a reason a i got an approval of 1 Year H1B Petition Validility?

3) Can i file H1B Extension after one year?