idcmurali Posted October 22, 2013 Report Posted October 22, 2013 Hi I was working on L1 for 5 years till August 2013 this year and returned back to India by Aug 2013. I applied for H1 in April 2013 through a different employer and got my H1 approved and stamped for 3 years from Oct 2013 till Aug 2016. How does USCIS treat this H1 ..I believe I have been considered on the CAP for 2013 H1 visa and considering this they have alloted a 3 year visa ? I dont see a COS , but if COS where can I find that info on the petition ? My question is ...I have already arrived India by Aug 2013, if I stay outside of USA till Aug 2014, a) Will I be able to reset my 6 year clock when I get back to US by Aug 2014?( Since I am staying out of US for a year) b) Will I see any issues in using the rest 2 years of visa from Aug 2014 to Aug 2016 which is been already stamped on my Passport ?
jairichi Posted October 22, 2013 Report Posted October 22, 2013 Hi I was working on L1 for 5 years till August 2013 this year and returned back to India by Aug 2013. I applied for H1 in April 2013 through a different employer and got my H1 approved and stamped for 3 years from Oct 2013 till Aug 2016. How does USCIS treat this H1 ..I believe I have been considered on the CAP for 2013 H1 visa and considering this they have alloted a 3 year visa ? I dont see a COS , but if COS where can I find that info on the petition ? My question is ...I have already arrived India by Aug 2013, if I stay outside of USA till Aug 2014, a) Will I be able to reset my 6 year clock when I get back to US by Aug 2014?( Since I am staying out of US for a year) b) Will I see any issues in using the rest 2 years of visa from Aug 2014 to Aug 2016 which is been already stamped on my Passport ? a) If you would want to reset your clock I believe your H1B petition should have filed 365 days after you stayed outside US b) You will get 1 year on H1B.
t75 Posted October 22, 2013 Report Posted October 22, 2013 Clock gets reset when quota application is after 1 year outside the US.
idcmurali Posted October 24, 2013 Author Report Posted October 24, 2013 Thank you so much Jairichi for clarifying. I should have 3 months left on my 5 years L1 and 1 year left on H1 ..so 1 year 3 months ...would this time be good enough to start my GC processing ?
jairichi Posted October 24, 2013 Report Posted October 24, 2013 Thank you so much Jairichi for clarifying. I should have 3 months left on my 5 years L1 and 1 year left on H1 ..so 1 year 3 months ...would this time be good enough to start my GC processing ? Yes, if your employer starts GC processing from now.
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