5 years completed in L1; Traveled with new H1B; clock reset

[sundart]

Hi,

I completed 5 years on L1 and Traveled back to India in Mar 2011. Immediately I applied for H1 and got it approved for 1 years due max 6 years rule (Oct 2011 to Oct 2012). I traveled to USA in H1 in Aug 2012(Stayed in India for more than 1 year) and applied for my extension. My H1B extension was approved last week with expiration date as July 2013.

I was under the assumption that my max count had been reset since I stayed out of US for 1 year. But it doesn't look like that based on my extension approval period.


Though I had my stamping and traveled back to US after 1 year stay in India, I applied for my H1 petition within that 1 year.

I checked my H1B petition, my employer has filed under CAP only.

Pls clarify on this. Do I need to travel back to India in July 2013 since my count is not reset and I'm completing 6 years in USA?

Thanks
Sundar

[esk548]

Hi Sundar,
I am also in same situation, please let me know what you find out.

I talked to attorney he is of the opinion that i have to leave in 2013. Going for 2nd opinion this week again.
Let me know if you find anything.

Thanks,
Sudheer

- - - Updated - - -

[sundart]

Hi Sundar,
I am also in same situation, please let me know what you find out.

I talked to attorney he is of the opinion that i have to leave in 2013. Going for 2nd opinion this week again.
Let me know if you find anything.

Thanks,
Sudheer

- - - Updated - - -

I talked to my employer, he also told that i have to go back in 2013. Planning to talk to attorney this week, will keep you posted on this.
I have a friend who was on h1, completed 4 years in US, returned to India and came back after 1 year(applied new h1 during this period) got his H1B petition approved for 3 more years.

[sundart]

Hi Sundar,
I am also in same situation, please let me know what you find out.

I talked to attorney he is of the opinion that i have to leave in 2013. Going for 2nd opinion this week again.
Let me know if you find anything.

Thanks,
Sudheer

- - - Updated - - -

Hi Sudheer,
Pls let me know if you went for 2nd opinion..