New H1 after L1 expired. Max out rule

[sundaramt]

Hi,

I completed 5 years on L1 and Traveled back to India in Mar 2011. Immediately I applied for H1 and got it approved for 1 years due max 6 years rule (Oct 2011 to Oct 2012). I traveled to USA in H1 in Aug 2012(Stayed in India for more than 1 year) and applied for my extension. My H1B extension was approved last week with expiration date as July 2013.

I was under the assumption that my max count had been reset since I stayed out of US for 1 year. But it doesn't look like that based on my extension approval period.

Pls clarify on this. Do I need to travel back to India in July 2013 since my count is not reset and I'm completing 6 years in USA?

Thanks

Sundar

[JoeF]

The rule is that to reset the time, a new H1 can only be filed once you have been abroad for a year.

There is no workaround like the one you tried. If you want the time rest, you absolutely have to be abroad for a year before a new H1 under the quota can be filed for you.