L1- H1B Clock Reset.. .. ..

USA H1B Visa
1

Dear Sir, Can you please suggest me on below questions?

Background:

I came to USA on L1B visa on 1-Sep-2009.

My L1B visa & I-94 were expired on 25-Aug-2012.

I already applied for L1B Extension on 10-Aug-2012.

I received denial notice of L1B Extension on 26-Jan-2013.

I left USA immediately on 30-Jan-2013 and returned to India.

I applied for H1B visa in April 2013 through H1B cap from India.

I received Approval notice of H1B visa on 11-Nov-2013.

Questions:

  1. I would like to go to USA on 1-Feb-2014 sothat I could stay in India (i.e. outside USA) for the entire duration of 1 year. In this way, my old stay record will not be considered in future and I can stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario). (h1B Clock reset) Is this True ?

  2. If above sentence is True then What should be considered as baseline date for calculating stay of 1 year ? i.e. USA move-out date was 30-Jan-2013 and new USA move-in date should be either H1 Stamp Date or new I-94 date (i.e. the day when I’ll reach to USA)

  3. I also heard that if you apply through fresh H1 quota then this calculation of 1 year is not applied. Whenever I’ll reach to USA, I’ll be eligible to stay for continuous duration of 6 years (including H1 extension after 3 years) (Happy Scenario).

Thanks a lot in advance.

With Best Regards,

Sanjay.

2

Hi Sanjay,

I am in the same situation now, as were u a year back.

Could you please advise me - what happened in your scenario? or what options I have to get a clock reset before leaving to US?

Thanks!
-Satish

3

Hi Satish,

Can you please let me know if clock did reset for you or not as I am in the same situation?

4

Hi Prabsriv,

It did not reset, at the time of application I was not outside US for continuous 1 year. Left US in Nov 2013, applied for H1 on April 1 2014 - which is just 5 months at the time of application.

5

Hi Satish,

Thanks for the quick reply!! So, in that case we have to return India. What’s the best option if I still want to stay. (If you know please let me know)

6

Hi

I am not sure about your exact situation.

Since I had not stayed outside USA for a continuous 1 year at the time of the H1b application - my 6 year clock was not reset.

Companies would sponsor h1b for green card, if your labor application for green card is filed 1 year prior to your l1/h1 expiry date, you can apply for 1 year extension and continue to stay.

I think you should discuss with your company and the company attorney, so that they can provide you the right guidance.