L1 to H1 Visa question

Hi ,

1)On March 2015 my employment is terminated with employer A & i was on L1 & travelled back to INDIA on May 2nd.

2)i-140 is approved with employer A

  1. on 1st of April 2015 I applied H1 with a consultant & it got picked up & approved from dec 2015 to dec 2017 with i-94.

  2. When applying H1 i was in US , so consultant has applied L1 to H1 COS ( I am not sure about this).

My question is Now i am india , if i travel with h1 back to US in may 2016, exactly after 1 year will i get 6 years of H1? or it will end in 2017?

Your H-1 started in Dec 2015 which is before 1 year cooling period. So your clock is not reset. It should have become effective after the 1 year cooling period in order for the clock to be reset.

You have an approved I-140. You can use that to get H-1 extensions filed beyond the 6 year term, and meanwhile start the GC process through your H-1B employer.

Thanks for your express response. I am in india when H1 was approved, i came back to india on may 2nd, still the clock won’t reset after may 2nd 2016?

For the clock to be reset, your H-1 needs to become effective after you have stayed outside US for more than 365 days.