H1-B clock reset question

[sprash98]

Ok, this is a topic that has been discusses a lot, but given my circumstances, I thought I would ask this. In 2009, I lost my job while working on my H1-B (counted against the cap) and had to leave the country for 18 months. I re-entered the country in Nov 2010 on an H1-B filed by a university (cap-exempt) and have since moved on to two different companies, both of which count against the H1-B cap. I was told that since I've been away for over a year, my H1-B clock had been reset. But I came across articles which mentioned that I would need to come back in a visa that counted against the cap, for that to hold true. My current H1-B expires in Jan 2015, and I am just beginning the GC process. Am I in trouble? Or did my clock reset giving me time till 2016?

 

Any help would be greatly appreciated. I am on pins and needles at htis moment

[JoeF]

Unless one of the H1s for the last two companies was filed in the quota process, your time has not reset.

Essentially, you get counted a maximum of once for the 6 years.

Being abroad for a year before a new H1 is filed could reset the time, even if the new H1 is a cap-exempt petition.

But then, a petition subject to the cap would have to be filed in the annual cap.

If that didn't happen, it is clear that the H1 is a continuation of the previous cap-counted H1, i.e., the time is not reset.

[sprash98]

Thank you for your reply,Joe. Just heard the bad news myself. Now, given that I still have to commence my GC, am I in trouble with the Jan deadline looming? Can I still start the process and continue working?

[jairichi]

Thank you for your reply,Joe. Just heard the bad news myself. Now, given that I still have to commence my GC, am I in trouble with the Jan deadline looming? Can I still start the process and continue working?

Tough to get I-140 approved by Jan 2015.

[JoeF]

Thank you for your reply,Joe. Just heard the bad news myself. Now, given that I still have to commence my GC, am I in trouble with the Jan deadline looming? Can I still start the process and continue working?

I have no idea how long PERM takes nowadays. I don't really follow the ups and downs of the timeframes.

Check things with your lawyer, and soon.

[t75]

YOU do not begin a GC; your employer must do so.