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?
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.
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.
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
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?