6 year clock reset - Help

[anusuya]

Hello 

 

1. i was on l1b from june 2006 - April 2008(22months)

2. Went back to india - end of april 2008 - Sep 2008(5months)

3. came back to usa on h4 and stayed till nov 2009(14months)

4. India - till jan 2010(2months)

5. h1b from jan 2010 - feb 2014(with 2 month in india) - 46 months

 

if i calculate my 6 years - its ending in May 2014. i assume , in order to work in us i need to reset the 6yr clock by staying in india for a year. 

 

 

please tell me ....

 

if i go back to india , say in april 2014 and stay there till april 2015 , can i file fr new h1b thrgh my same employer from india in 2014 and travel in 2015 april ? or 

 

do i have to wait for the clock to reset to even file for new h1b ? ie. filing only after april 2015? 

 

please note that my gc process hasnt even started. 

 

Anu

[jairichi]

Hello 

 

1. i was on l1b from june 2006 - April 2008(22months)

2. Went back to india - end of april 2008 - Sep 2008(5months)

3. came back to usa on h4 and stayed till nov 2009(14months)

4. India - till jan 2010(2months)

5. h1b from jan 2010 - feb 2014(with 2 month in india) - 46 months

 

if i calculate my 6 years - its ending in May 2014. i assume , in order to work in us i need to reset the 6yr clock by staying in india for a year. 

 

 

please tell me ....

 

if i go back to india , say in april 2014 and stay there till april 2015 , can i file fr new h1b thrgh my same employer from india in 2014 and travel in 2015 april ? or 

 

do i have to wait for the clock to reset to even file for new h1b ? ie. filing only after april 2015? 

 

please note that my gc process hasnt even started. 

 

Anu

You need to be outside US for 365 days before a cap subject H1B petition could be filed. If you leave in April 2014 a cap subject H1B petition could be filed in April 2015 with a start date of 1st Oct 2015.

[JoeF]

This has been explained in a lot of other posts.

For the clock to reset, you have to be outside the US for at least a year, and ONLY THEN a new H1 can be filed.

[anusuya]

Thank you so much for the reply. I just have one more question. I have been receiving conflicting comments on my calculation of 6 years. Some are saying that my l1b (of 22 months) stay doesn't count as i was immediately on h4b for over a year before i got my h1b.

 

can someone please advice.

[JoeF]

Thank you so much for the reply. I just have one more question. I have been receiving conflicting comments on my calculation of 6 years. Some are saying that my l1b (of 22 months) stay doesn't count as i was immediately on h4b for over a year before i got my h1b.

 

can someone please advice.

The time on L1 counts.

[jairichi]

Thank you so much for the reply. I just have one more question. I have been receiving conflicting comments on my calculation of 6 years. Some are saying that my l1b (of 22 months) stay doesn't count as i was immediately on h4b for over a year before i got my h1b.

 

can someone please advice.

If you have stayed outside US for 365 before you moved to H1B then your 22 months on L1B would not have been counted towards max allowed 6 years stay on H1B. Since you chose to stay on H4 status in US L1B days are counted towards 6 years on H1B.

[anusuya]

Thank you so much JR ! 

[anusuya]

Thank you Joe!