L1B 5 years complete H1B cap petition filed clock reset


Cloud*9

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I am completing my 5 years on L1B this July 2013 and I leaving US. My company has filed for H1 under Cap in Apr 2013. I have the following question.

If my H1-B petition gets approved and I get the Visa

1) I reenter USA after 1 year of cool off say after July 2014 will my clock reset and I can apply for extension in USA for the next 6 years?

2) What are my other options in this case?

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  • 1 year later...

I have got the approval for 2years until Dec 2015. Does this not mean my clock is reset?

My other question is If my employer has to file in Apr 2015, should that be new cap petition?

No. It would have been approved in error. You need to exit US by the time you reach 6 years of stay on L1B and H1B. If you would like to get 6 years on H1B then an employer has to file a cap subject H1B petition after you stay outside US for 365 days. Note here, the day of petition filing matters and not the date you enter.

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