H1B clock reset - Question

[ks_rajesh]

Hi,

I am working for the same company from beginning.

Below are my periods of stay in US with different visas.

Start month End Month visa type period Sep '07 Jul'10 L1 close to 3 years Oct '10 Mar'11 B1 6 months 19 months gap with no work permit Feb '12 Till date H1 i have visa until 2014 March

I am not sure if H1-B clock will get reset with the above dates ?

The trick here is I am out of US with out work permit for 19 months, but i am here on a business trip in between for 6 months. From what i heard from few people, the 1 year gap will be counted as 19 months - 6 months which is 13 months, so the clock would be reset. Please confirm.

Thanks in advance.

[kalyan_ac]

You have to be out of the US continuously for the past 1 year for the clock to be reset.

[JoeF]

What did you do on B1 for 6 months??? If you worked, that would have been a violation of the B1. A B1 is for meetings and the like, and no meeting schedule I know of goes on for 6 months.

And when did you get the H1? It doesn't seem it was over a year gap when the H1 was filed.

For a new 6 years, you have to be outside the US for a year, and once that year is over, an H1 would have to be filed under the quota.