H1B reset clarification


nagvisainfo

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Posted

Hi .. I was in US on L1 from Mar 2010 till Apr 18 2013. New H1 was filed in Apr 2014 and traveled to US in May 2015.. Was in India for 2 years. Not sure if my H1 got reset. How can i get this info ? Please advise.

Posted

For the time to reset, you would have to have been abroad for at least a year before the new petition was filed. It seems it was less than a year. So the time did not reset.

Posted

Actually pls let me know what basis filing date is decided ? I see the receipt date as Apr 22 2014 on my I-797 .. by Apr 18 2014 i finished 1 year .. any idea if I can consider receipt date as filing date or filing date will be Apr 1 st only ?

Posted

Actually pls let me know what basis filing date is decided ? I see the receipt date as Apr 22 2014 on my I-797 .. by Apr 18 2014 i finished 1 year .. any idea if I can consider receipt date as filing date or filing date will be Apr 1 st only ?

This is a tricky question though we know that USCIS accepted H1B applications only for the first five days in April 2014. Based on that your H1B petition was submitted to USCIS before the 1 year time period for the clock to reset. Check with an attorney and update us.

Posted

For the time to reset, you would have to have been abroad for at least a year before the new petition was filed. It seems it was less than a year. So the time did not reset.

Actually pls let me know what basis filing date is decided ? I see the receipt date as Apr 22 2014 on my I-797 .. by Apr 18 2014 i finished 1 year .. any idea if I can consider receipt date as filing date or filing date will be Apr 1 st only ?

Posted

The filing date is the date the application was received by USCIS. The date on the receipt is the date when they entered the case into their computer system. That date doesn't matter.

Posted

The filing date is the date the application was received by USCIS. The date on the receipt is the date when they entered the case into their computer system. That date doesn't matter.

Hi.. Thanks for the reply .. is there a way to identify the filing date ?

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