H1B Validity

[rajeshtallapragada]

I am working for company A since 6 years and I a having B1 and L1B Visas for the same. I stayed in USA for around 3 years as shown below -

  1. Jan 2008 to Jan 2010 -> L1B

  2. Sep 2010 on Business visa for 2 weeks.

  3. Apr 2011 to Apr 2012

As we know, any work visa like H1B or L1B will be issued for 6 years (3+3) and if the candidate eat up all the 6 years, he should go out of USA and stay for 1 year. In case, if he was out of USA for 1 year, the 6 years clock will reset.

 

Here in my case, I was out of USA for i year (Feb 2010 to Apr 2011), but in between I did visit US for 2 weeks on Business Visa. Here in this case, will by 6 years clock reset or not? If I apply for H1B this year, what will be the validity period, is it 5 yers (6-1 in view of 6 years counter reset on Apr 2011) or 3 years (6 years counter do not rest and I already stayed in US for 3 years) ?

 

Please help me.

[t75]

Your clock did not reset in 2011.  However, since you left in April 2012, if you go through quota in April 2014, you will be eligible for 6 more years.  If you do not go through quota, you get only 3 years.