L1 for 30 Months and H1 for 36 Months

[Praveraj]

Hi,

I have a situation. I was in US for 30 Months in L1. Then I went back to India due to L1 extension rejected. After 15 Months, I came back in H1 to USA but my H1 Visa processing started within 10 months I landed in India eventhough I landed in USA after 15 months only. 

My question is: Does the 6 year clock got reset or not?

One of my X-Collegue said that in his organization (my X-organization) they asked a H1 candidate to go back to India as his combined L1+H1 terms reached 6 yearseven though he had 1 year of gap inbetween when he was out of USA. Since he started the H1 processing before completing 1 year, his clock didnt get reset itseems. Is this true? Can someone throw light on this, if you face this situation?

 

Thanks in advance,
PR

[jairichi]

Hi,

I have a situation. I was in US for 30 Months in L1. Then I went back to India due to L1 extension rejected. After 15 Months, I came back in H1 to USA but my H1 Visa processing started within 10 months I landed in India eventhough I landed in USA after 15 months only. 

My question is: Does the 6 year clock got reset or not?

One of my X-Collegue said that in his organization (my X-organization) they asked a H1 candidate to go back to India as his combined L1+H1 terms reached 6 yearseven though he had 1 year of gap inbetween when he was out of USA. Since he started the H1 processing before completing 1 year, his clock didnt get reset itseems. Is this true? Can someone throw light on this, if you face this situation?

 

Thanks in advance,

PR

No, your clock is not reset. Your H1B petition should have been filed after you spent a year outside US to get 6 years on H1B. You have on H1B 6 years - 30 months on L1