*** URGENT *** Clock Reset


Recommended Posts

I am currently on H1B with past work experience on L1.

With the fact that the prior L1 stays count into your H1 6 years, I want to know how much validity remaining on my H1B.

Below is the chronological order of US stay history -
  1. My Employer "A" done L1-Individual visa for me on 2007. I worked Nov-2007 to Jan-2010.                     Stay in days - 538.
  2. I circled back to india on Jan 2010 on expiry of L1-Individual and lived out of USA till
     Apr 2011 which is more than 1 year. On Mar 2011, my employer field new L1-Blanket petition
     for me and I returned to USA on Apr 2011. There is one year gap between exit date and new
     L1B petition filing date. I THINK MY 6 YEARS CLOCK RESETS HERE??
  3. From Apr 2011 to Mar 2014, I worked in USA on L1 Blanket for total 849 days. On expiry of this
     L1-Blanket visa, I circled back to India again on Mar 2014.
  4. My employer filed new H1B for me in Apr 2014 (in 2014 CAP from India). That was approved in
     Oct 2014 and I entered USA on Mar 2015.

My total L1 stay days are (#1 and #3 above) 1387 days.
6 years mean 6*365=2190 days.
excluding L1 days from 6 years: 2190 - 1387 = 803 days.

If all my L1s count into H1 then my H1B validity should come as "01.Oct.2014" + 803 = Dec.12.2016
But my H1B visa been stamped till Sep 2017 and the H1B I-797 petition also approved till Sep 2017.

This makes me think that my 6 years clock been reset between #1 and #3 above. I don't believe it did
reset on H1 (#4) as there was just one month gap between exit date and H1B filing date though gap between exit date and entry date is more than 1 year.

Now I switch to employer-B and when they port my petition, they filed I-797 till May 2017 counting all my L1 days. [2190 (6 years) - 1387 (All L1 days) = 803 days. Entry date on H1 Mar 2015 + 803 = May 2017]

Now my ported petition says May 2017, but H1B Visa is valid till Sep 2017. Also the initial petition
filed by Employer-A did prove the validity till Sep 2017.

With this confusion, I need to know whether my clock reset or not? Is there a way we can raise query to USCIS through attorney and confirm this fact?

Link to comment


This topic is now archived and is closed to further replies.