Total term spent in US

[vyas2323]

Hi,

 

I have travelled to US first on Nov 2006 and returned back on feb 2009 ( around 2 yr 4 months ) on L1B. The same employer filed L1B before I complete one yr and got it approved. But I travelled on June 2010 ( after 1 yr. 3 months ) to US and changed the employer by applying fresh H1B on Oct 2012 and returned to India on Sept 2013 ( am in US for around 3 yr and few months ). 

 

To make it simple

 

Phase 1 :  2 Yrs 4 months in US on L1B

Phase 2 :  In India for 1 yr and 3 months continously but same employer filed L1B pet. before I complete 1 yr stay outside US.

Phase 3 : Returned to US and Stayed around 3 yrs with multiple visas( changed from L1B to H1B ).

 

1) Since I was outside the US for more than an year between 2009 and 2010, Had that reset my term in US to 0 when I travelled back in 2010 ?

2) If not, I am India currently with valid VISA but no employer, what can I do to reset ?

 

Please guide.

 

Thanks.

[t75]

No reset unless your petition was filed under the quota

[vyas2323]

Hi T75 thanks for the response.

 

1) I have stayed outside of US for more than an year sometime in 2009.  USCIS policy says that if a person stays outside for 1 yr it resets the term , is it not applicable to me  ? Which rule overrides this ?

 

2) I already have a visa untill 2015, so if I file new H1 under quota sometime this april 2014 will my current VISA be valid or do I have to go for stamping again ?

 

Thanks.

[vyas2323]

Hi,

 

I would also like to let you know that when I was in India for 1 year and  3 months, my employer has filed a new L1B petition. Which means I was on  Petition A untill 2009 came back stayed untill 2010 and went back with a Fresh/new L1B. I am in US from 2010 and moved on to H1B sometime in Oct 2012.

 

Not sure if this info makes any difference.

 

Thanks.