5 years completed in L1; Traveled with new H1B; 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

[t75]

Unless you went through quota after being outside the US for a year, your time was not reset. You need to go home as indicated on your paperwork

[sundaramt]

Hi,

Thanks for the reply. Though I applied for new H1 before completing 1 year outside the US, I traveled back to US after completing 1 year in India. So, the count won't be reset based on the travel date?

[rohang]

No, it will not reset in your case.

[t75]

You have to go through the quota which means Oct 1 is the normal start date

[immilkgukg]

No, it's not the date of travel that counts. You should have waited until Mar 2012 before applying your H-1B. Now you need to go back by July 2013 and will have to spend 1 year i.e. up until July 2014 before applying another H-1B. You can apply in July 2014 if H-1B numbers are available.

Or, you can start the PERM and try to get it done by June 2013 and file I-140 in premium to get extension beyond July 2013.

Either way, good luck!!!

[sundaramt]

Hi,

Sorry for asking more questions on this. I checked my H1B petition, my employer filed under H1B cap in Aug, 2011, but the approval came only in Feb,2012. In 2011, H1B approvals came very late. My employer filed fresh H1B for my teammates also during Aug 2011, they also got approval in Feb,2012 only.

[vikas.nikuu]

Hi Sundatamt, could you please share updates on your case? did your clock reset for your h1b? 

 

thanks