h1 clock reset


gobroncos

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below is my  US entry and US exit details on L1 and H1. however i traveled on Business visa Jan 2010 and stayed couple of months. i  assume, As there is a gap of 1 yr in between from your L1 exit date and H1 entry date hence my 6 yrs clock re-starts from H1 entry date.

 

Can you please confirm the same..

 

Entry Date             Departure date     Visa Type

10/ 23/ 2011                    n/a                 H1b

11/28/2010          10/13/2011             H1b

09/09/2007           08/20/2009             L1

 

txs,

chinni

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below is my  US entry and US exit details on L1 and H1. however i traveled on Business visa Jan 2010 and stayed couple of months. i  assume, As there is a gap of 1 yr in between from your L1 exit date and H1 entry date hence my 6 yrs clock re-starts from H1 entry date.

 

Can you please confirm the same..

 

Entry Date             Departure date     Visa Type

10/ 23/ 2011                    n/a                 H1b

11/28/2010          10/13/2011             H1b

09/09/2007           08/20/2009             L1

 

txs,

chinni

Since you traveled on B1 for couple of months in Jan 2010 and if your H1B petition was filed before 08/20/2010 then your H1B clock has not got reset.

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i read some article in USCIS web site..

 

Please read below paragraph:


When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification.Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad.
 
Also my H-1B was applied under 2011 CAP (start date of Oct 1, 2010).
 
In this case also my h1 clock not got reset?
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i read some article in USCIS web site..

 

Please read below paragraph:

When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification.Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad.

 
Also my H-1B was applied under 2011 CAP (start date of Oct 1, 2010).
 
In this case also my h1 clock not got reset?

 

I doubt whether couple of months on B1 would constitute a brief stay? Also, when was your H1B petition filed?

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