sukace Posted August 22, 2013 Report Share Posted August 22, 2013 As per my understanding, the combined time spent in US is reset if you have stayed for 1 year outside of the US.In my case, I stayed in US for 5 years on L1 and then traveled back to India on 15th of August 2012. My employer applied for my H1B visa in FY2014 cap. I am still awaiting the result, but with my new H1 B visa approved visa I will travel back to US on or after 1st of October 2013. In this case, I will have stayed for more than an year outside of US. Will that result in resetting the combined time counter for H1 and will I be able to stay for 6 years (with extension) on this approved H1? Link to comment
JoeF Posted August 22, 2013 Report Share Posted August 22, 2013 In your case, the time would not be reset. You have to be outside the US for at least one year before a new H1 under the quota can be FILED. In your case, that means that you would only have gotten the new 6 years if the H1 had been filed in August 2013. Link to comment
jairichi Posted August 22, 2013 Report Share Posted August 22, 2013 As per my understanding, the combined time spent in US is reset if you have stayed for 1 year outside of the US. In my case, I stayed in US for 5 years on L1 and then traveled back to India on 15th of August 2012. My employer applied for my H1B visa in FY2014 cap. I am still awaiting the result, but with my new H1 B visa approved visa I will travel back to US on or after 1st of October 2013. In this case, I will have stayed for more than an year outside of US. Will that result in resetting the combined time counter for H1 and will I be able to stay for 6 years (with extension) on this approved H1? You will get only 1 year. According to law at the time of filing your H1B application you have to be 1 year outside to reset your clock. In your case you left on 15th August 2012 but the H1B petition would have been filed by 1st week of April 2013 and there fore you did not stay a year outside US at the time of filing. So, your clock has not got reset. Link to comment
sukace Posted August 23, 2013 Author Report Share Posted August 23, 2013 Thanks a lot for the response. What happens if my petition is approved for 3 years? Will there be any kind of problem with that? Can there be a problem with my GC filing? Link to comment
jairichi Posted August 23, 2013 Report Share Posted August 23, 2013 Thanks a lot for the response. What happens if my petition is approved for 3 years? Will there be any kind of problem with that? Can there be a problem with my GC filing? Your petition might be approved for 3 years but you can stay legally only for 1 year. Link to comment
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