New H1 after 5 years on L1 - Query on 365 days reset

[rambalas]

Hi,

I have completed my 5 years in L1 on June 1st, 2013. Then I came back to India, applied for H1 the same year, got my petition approved followed by H1B visa in Chennai.

Now my new H1B petition is valid from October 1st, 2013 to June 15th, 2016 and my H1B visa also holds good till June 2016.

Now, will my clock reset (or can I utilize 6yrs on my H1B) if I stay in India (Outside US) till June 1st 2014 (365 days since my last US return)?

 

I am asking this because i heard some people say that the clock resets only if i apply for a fresh H1b petition after completing 365 days outside the US.

 

I am getting mixed views on this issue, please advise.

Thanks!!

[jairichi]

 

Hi,

I have completed my 5 years in L1 on June 1st, 2013. Then I came back to India, applied for H1 the same year, got my petition approved followed by H1B visa in Chennai.

Now my new H1B petition is valid from October 1st, 2013 to June 15th, 2016 and my H1B visa also holds good till June 2016.

Now, will my clock reset (or can I utilize 6yrs on my H1B) if I stay in India (Outside US) till June 1st 2014 (365 days since my last US return)?

 

I am asking this because i heard some people say that the clock resets only if i apply for a fresh H1b petition after completing 365 days outside the US.

 

I am getting mixed views on this issue, please advise.

Thanks!!

 

Yes, the clock gets reset only if a new petition was filed after being outside US for 365 days. In your case you would get only one year and any recapture time.

[JoeF]

The clock ONLY resets if you are outside the US for one year and THEN an H1 is filed.

In your case, it hasn't reset.