Does 1 year Clock Reset apply to application or entry to US

USA H1B Visa
1

Hi,

I am working in US on an L1 Visa for last 4.5 years and would be returning to India in August 2013. I wish to apply for a fresh H1 after a clock reset, so I get a full 6 year term in US.

If I apply for a fresh H1 in April 2014 under the cap, for 1st Oct 2014 entry to US, will my clock be reset? Since my entry to US will be after a year.

Or will I have to wait for a complete year before I can apply for a fresh H1 in April 2015 for 1st Oct 2015 after staying outside US for a year.

Does clock reset apply to just entry date in US or does it also apply to the H1 application in April?

Thanks,

Ganesh

1 Like
2

Your clock should be reset when you are out of USA for a year. Applying in April does not matter. Clock counts from the day you start working here only.

3

Actually I am not so sure about it. I remember reading somewhere that new petition needs to be applied after staying outside US for more than 1 year. So if the petition is filed in April, he will not have completed his 1 year outside US. Confirm w/ an attorney.

4

I read the same in some other websites. New petition has to apply after staying outside US for more than a year. In this case, H1B should apply in April 2015 (if he or she left US in April 2013) and can enter in US in Oct 2015. I may be wrong. Please suggest further

5

Hi Ganesh,

I am in the same situation as yours.

Could you please advise me - on what happened in your scenario? or how you worked out to get the clock reset?

Thanks!