H1B 6 year clock reset after transfer query

[hicopicobm]

1. I was in US till 31st Oct 2012 in L1 visa and came back to India on 31st Oct 2012. Since then I am working in India.

2. This year company A applied for H1B visa which got approved. Needless to mention start date is 1st Oct 2013. If I now travel to US with this visa my 6 year clock will not get reset as my last stay date is 31st Oct 2012 and H1B petition start date is 1st Oct 2013.

 

Now I have a different scenario.

1. Company A is not sending me in US as project is not available. Therefore I am not traveling to US from my approved H1B visa which has start date 1st Oct 2013.

2. I am planning to transfer my visa to company B who will surely have US project for me immediately. Now I think company B will apply cap exempt petition for H1B transfer. I have requested them to have my start date in US for them as Dec 1st 2013. This means my transferred H1B petition will have start date as 1st Dec 2013 and I will travel to US after 1st Dec 2013.

 

Since my last date in US was 31st Oct 2012 and the petition I will be traveling to US will have start date 1st Dec 2013 - is it going to reset my 6 year H1B clock? Please reply.

[jairichi]

1. I was in US till 31st Oct 2012 in L1 visa and came back to India on 31st Oct 2012. Since then I am working in India.

2. This year company A applied for H1B visa which got approved. Needless to mention start date is 1st Oct 2013. If I now travel to US with this visa my 6 year clock will not get reset as my last stay date is 31st Oct 2012 and H1B petition start date is 1st Oct 2013.

 

Now I have a different scenario.

1. Company A is not sending me in US as project is not available. Therefore I am not traveling to US from my approved H1B visa which has start date 1st Oct 2013.

2. I am planning to transfer my visa to company B who will surely have US project for me immediately. Now I think company B will apply cap exempt petition for H1B transfer. I have requested them to have my start date in US for them as Dec 1st 2013. This means my transferred H1B petition will have start date as 1st Dec 2013 and I will travel to US after 1st Dec 2013.

 

Since my last date in US was 31st Oct 2012 and the petition I will be traveling to US will have start date 1st Dec 2013 - is it going to reset my 6 year H1B clock? Please reply.

No, it will not. For 6 years clock to be reset your H1B application should have been filed 365 days outside US. In your case it should have been after 1st November 2013. Now you will get 6 years - years spent on L1