H1B extension since re-entry in to U.S after 1 year

Hi,

Can you please clarify my below question.

I am in H1B visa and have completed 4 years of U.S stay totally in my current petition. I was in India for a period of more than one year in between these 4 years.

Since my re-entry in to U.S, I have spent 2 years in U.S. I have to apply for extension next month. Am I eligible for only 2 years that is left on my petition (or) 4 years since I have spent more than 1 year in India.

Thanks in advance,

Suresh Raj

You are eligible for 2 more years. The clock is reset only if:

  • the person has stayed outside US for more than 365 days (which you did)

  • the person goes through H-1 cap again (which you didn’t do)