H1B/L1B clock reset

[srpv]

Completed 4 years 9 months in L1B and moved out of US on Sept 30 2013. Company applied for H1B for the residual 15 months(6 years of H1B minus 4.9 years in L1B) and got it approved subject to CAP. Visa valid from Oct 2014 to Jan 2016. I still have not travelled in this H1B and this is my first H1B visa.

 

My employer says that since my visa was applied in April 2014 and at that time I did not complete 1 year outside the US, I am only eligible for the residual 15 months, not 6 years(even through I would complete 1 year on my intended travel date of Oct 01, 2014).

Has anyone faced this situation? Do you think my employer is right here?

[JoeF]

The employer is correct.

To get the full 6 years, you have to be outside the US for at least a year before a new H1 is FILED.

[swaroop32]

I was in US on L1B for 3.6 years from Apr 2011 till 1 st Nov 2014 .

 

Now I applied for H1B in cap and it got picked. lets say I get it stamped and travel after Nov 1st 2015 ( After 1 Year of stay in India)

 

 

will my clock get reset and can i stay in US for 6 years ( 3 initial and after extension 3)

 

does clock reset depends on petition approval date or the number of days that we are out side US. Pls suggest