Reset Clock L1B to H1B Please help me


I came to US on L1B and move out on Oct 08 2011 and applied H1B with same company and entry again on Oct 08 2012.

I'm eligble to reset Clock for H1B and can i stay in US for 6 years on current H1B.

Please can you help on this and Thanks in advance.


			US Entry Date
			Exit Date
			Time Spend out side US
			L1B - 27 days
			L1B - 14 days
			366 days


Srikanth Kota

for clock reset you need to be physically out of US for more than 365 days and need to file cap-ed H1B

Thanks for reply,

In my case I have move out from US on L1B Oct 08 2011 and Move to US on H1B on Oct 08 2012. its total 366 days out side the US.

In filling my extension, Case Manager has said your H1B will not refresh and out side time will be added in Time Recapture. Please find Case Manage Comments

kota.srikanth : I want to discuss on Time Recapture.
On L1B I have moved out from US on Oct 08 2011 and Move to US on Oct 08 2012. As I have stayed away from US 1 year and my H1B is fresh which has to reset the Clock.
I have to eligible 6 year for current H1B?
Case Manager: Unfortunately that is not the case, I discussed this
with both my Senior Case Manager and Team Lead and your time
would only refresh if you had spent a year out prior to when
your new visa status began. I believe this was
in either April or March, I would have to look up your
documents for the exact date. However, we were able to
recapture more than enough time to file your current
extension with the end date requested.
kota.srikanth: ok, since I have moved to L1B to H1B and H1B is my new Visa. I’m spent exactly 1 year out side the US.
Please can you recheck my dates.
Case manager: I confirmed with both my Senior Case Manager and Team Lead that a recapture of time was required.

kota.srikanth: ok
I believe this was in either April or March, what this mean?
Case Manager: The date that your new visa status began.

You are eligible for both cap exempt and cap

I think you should be eligible to file cap -ed h1b in 2014 apr ( as you were out for more than 365 days) and can start working after oct. Do you want to wait that long?

No I’m already in US and working on H1B and filling on Extension. Just want to clarify on this H1B I’m eligible for 6 year or not.

If anyone out of US for 365 days and within this 365 day if they apply for H1B from other country. The H1B will be applicable for 6 years?

no, it will be = 6 - (time on H1 + Time on L1)