karthik.ilangovan Posted October 23, 2015 Report Share Posted October 23, 2015 Hello, This is my Immigration Journey. L1B VISA obtained - Apr 2010. Travelled on L1B VISA to US - Jan 2011 L1B VISA and I94 Expired - Apr 2013 L1 Extension Denied and returned to India - Aug 2013 New H1B filed under CAP - Apr 2014 H1B approved (I-797) - Sep 2014 H1B VISA Valid from - Oct 2014 Travelled back to US on H1B VISA - Dec 2014 H1B VISA and I94 Valid thru - August 2017 Gap between L1B Extension Denial in Aug 2013 and H1B I-797 approval in Sep 2014 is more than 1 year .. Also between August 2013 and Dec 2014, I was physically working in India. Having said all this due to 1 year stay in India, how many years do I have left on H1B VISA now ? Has my Tenure been reset back to 6 Years ? Please advise. Regards ... KI Link to comment
jairichi Posted October 23, 2015 Report Share Posted October 23, 2015 Your H1B clock was not reset. It would have only a cap subject H1B petition was filed after a year stay outside US (in your case Aug 2014). Date of filing matters & not date of approval or entry. You have 6 years - time spent in US on L1B & H1B. Link to comment
karthik.ilangovan Posted October 23, 2015 Author Report Share Posted October 23, 2015 Your H1B clock was not reset. It would have only a cap subject H1B petition was filed after a year stay outside US (in your case Aug 2014). Date of filing matters & not date of approval or entry. You have 6 years - time spent in US on L1B & H1B. Thank you jairichi ... This is my understanding as well .. Although what confuses me is that when I checked few other Threads in this (Murthy) and other Forums (*******), it seems to me that most discussions mention that a Physical stay in India of 365 days (1 year) or more is enough to reset the H1B Clock back to 6 Years .... Link to comment
JoeF Posted October 24, 2015 Report Share Posted October 24, 2015 Thank you jairichi ... This is my understanding as well .. Although what confuses me is that when I checked few other Threads in this (Murthy) and other Forums (*******), it seems to me that most discussions mention that a Physical stay in India of 365 days (1 year) or more is enough to reset the H1B Clock back to 6 Years .... Discussions here don't say that. The people who answer here have a clue. At other forums, apparently not... The clock is ONLY reset if the person is abroad for at least a year and THEN a new H1 under the quota is FILED. Since your H1 was FILED before the one year abroad, your clock did not reset. The filing date matters. Link to comment
karthik.ilangovan Posted October 27, 2015 Author Report Share Posted October 27, 2015 Discussions here don't say that. The people who answer here have a clue. At other forums, apparently not... The clock is ONLY reset if the person is abroad for at least a year and THEN a new H1 under the quota is FILED. Since your H1 was FILED before the one year abroad, your clock did not reset. The filing date matters. Thanks JoeF. Forgive my persistence and Please bear with me as this question continues to haunt me. Since then, What I have been told from a similar trustworthy source is that since the Filing on H1B (under CAP) was done while I was abroad i.e., Outside the US, my H1B Clock has definitely been Reset. It would NOT have Reset ONLY if I had left US after filing my H1 from within US. Please advise. Link to comment
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