Cooling period based on H1B filling date or H1B petition start date

USA H1B Visa
1

Hello Friends, I will be in US for 5 years on L1B Blanket visa, starting Oct 2011 till Sep 2016. I am planning to go to India on 30 Sep 2016. In the provided time period.

I have a couple of questions: 1 . I am in big doubt, I think there is a 365 days criteria, according to which I need to stay out of US for 365 days to apply for a New visa.Though I will apply for H1B visa in Apr 2017, but the H1B visa will be stamped sometime in Oct 2017 (by the time, it will 12 months of out of US stay for me). In this case, whether I will get H1B stamped for 1 year (remaining 1 year out of 6 years) or 3 years (treating me as a new H1B holder)? Your suggestion will be appreciated. Thanks

Smitha

2

There were some recent cases shared where USCIS made the determination that clock is not reset if you apply for H-1 before staying outside of US for more than 1 year. So if you apply in April 2017, clock is not reset and you will get only 1 year of H-1 (which can be extended if green card application is in play). If you apply for H-1 in April 2018, then clock is reset and you get 6 years of H-1.

3

Hi Smiitha,

what happen to your case. mine is very similar to your situation. i Stayed in USA on L1 B for 4 Years and 5 months and i got visa stamping for rest of 6 years not full 6 years. please share your experience.