6 years cycle reset after staying outside US for 1 year

[business321]

My H1 started on Oct 2006 and is expiring on 30 Sep 2012. I left US on 22 Jun 2011 and have been living in india for past 1 year. I was told by someone, I can apply for new 6 year H1 since I was outside US for 1 year. I was waiting for 22 jun 2012 to apply for new H1, but unfortunately H1 got over on Jun 11^th (just 11 days before 22 Jun 2012). Now, I have 2 more months for my H1 to get expired (30 sep 2012)

1) Am I eligible to apply for new 6 yr cycle H1 on April 2013 for next year?

2) If I come to US on Aug 2012 and return back to India on Sep 2012, am I still eligible to apply for H1 (6 year cycle) on Apr 2013? or will the USCIS expect 1 year outside US from sep 2012?

3) Incase, If I don’t want to apply new 6 years H1 and want to come to US on… lets say Jan 2013, can I apply for H1 claiming that 1 year period spent outside US? Is there any time limit to claim those lost days (like 1 yr/ 2 yrs)?

Thanks in Advance!

[JoeF]

If you enter on the old H1, the previous time abroad would reset.

You would then have to be abroad again for one year.

[business321]

Thanks Joef!

Is there any time limit to claim the days I spent outside US?! can I do even after 3-4 years?!

[JoeF]

You can get a new H1 after at least one year abroad. Of course it can be more.

[JoeF]

Oops, sorry. I guess I read that wrong.

Recovering time abroad should be possible even after a few years. But 3-4 years is probably stretching it.

[ganesh.rajaraman]

Hi All,

I am new to this forum. Saw this topic related to the question I had so posting it here,

I am currently working in US in L1A,

1. I started in US with L1B Visa on 23-Sep-2006 and was working here until 18-Jan-2011 (took vacation to india twice during this period)

2. I returned to India on 18-Jan-2011

3. My Company applied for a new L1A individual petition and was approved on 23-Dec-2011 and I got my L1A Visa Stamped on 27-Jan-2012. My Current VISA/Petition (I-797B) validity is till 22-Dec-2013

4. I travelled into US on 6-Feb-2012

Am I eligible for another extension ? Is my L1/H1 VISA cycle reset ?

Appreciate your help !!

Thanks and Regards,

Ganesh

[JoeF]

The cycle would only be reset if the new application is filed when you have been abroad for a year.

In your case, it obviously was filed before you had been abroad for a year. So, the time is not reset.