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Need help ..How does the Clock Reset get calculated for L and H1B Visa?

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  • Need help ..How does the Clock Reset get calculated for L and H1B Visa?

    Here is my current status:

    I was in USA on L1 Blanket from Apr 2007- APR 2009 - 2 Year
    Moved back to India and stayed out of US for - 14 Months( Out of USA) Apr 2009 to June 2010 (L1B Visa get expired Dec 2009 )

    I Filed L1B On Feb 2010 and got a approved Visa from Feb 2010 to Feb 2013 in India .

    Came back to USA in June end 2010 and staying in USA ( 2 Year 6 Month) .AS Visa was expiring on FEB 2013 My employer applied H1B and got an approval of 1 Year till Dec 2013 .

    My total stay in USA is 4 Year 6 Month and i was out of USA for 14 Month in between.

    Here is My questions

    : 1) Since I was out of US for 14 Month, Will my H1B clock gets reset ?

    2) Is there a reason i got an approval of 1 Year H1B Petition Valid?

    3) Can i file H1B Extension after one year?

  • #2
    Originally posted by JKT123 View Post
    Here is my current status:

    I was in USA on L1 Blanket from Apr 2007- APR 2009 - 2 Year
    Moved back to India and stayed out of US for - 14 Months( Out of USA) Apr 2009 to June 2010 (L1B Visa get expired Dec 2009 )

    I Filed L1B On Feb 2010 and got a approved Visa from Feb 2010 to Feb 2013 in India .

    Came back to USA in June end 2010 and staying in USA ( 2 Year 6 Month) .AS Visa was expiring on FEB 2013 My employer applied H1B and got an approval of 1 Year till Dec 2013 .

    My total stay in USA is 4 Year 6 Month and i was out of USA for 14 Month in between.

    Here is My questions

    : 1) Since I was out of US for 14 Month, Will my H1B clock gets reset ?

    2) Is there a reason i got an approval of 1 Year H1B Petition Valid?

    3) Can i file H1B Extension after one year?
    Considering your L1B start of June 2010 I believe you should be able to stay till June 2016 on an L1B+H1B limit of 6 Years, you/your company need to engage the services of a good lawyer in order to be able to convince USCIS around that.

    This is my opinion not legal advice.

    Comment


    • #3
      Need help ..How does the Clock Reset get calculated for L and H1B Visa?

      Originally posted by raghvi View Post
      Considering your L1B start of June 2010 I believe you should be able to stay till June 2016 on an L1B+H1B limit of 6 Years, you/your company need to engage the services of a good lawyer in order to be able to convince USCIS around that.

      This is my opinion not legal advice.
      Thanks !!

      Comment

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